Conveyancing and Law of Property Act 1881 - · PDF file2 Conveyancing and Law of Property Act...

Status: This is the original version (as it was originally enacted).

Conveyancing and Lawof Property Act 1881

1881 CHAPTER 41

An Act for simplifying and improving the practice of Conveyancing; and for vestingin Trustees, Mortgagees, and other various powers commonly conferred by provisionsinserted in Settlements, Mortgages, Wills, and other Instruments; and for amending invarious particulars the Law of Property ; and for other purposes. [22nd August 1881]

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent ofthe Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and bythe authority of the same, as follows:

PART I

PRELIMINARY

1 Short title; commencement; extent

(1) This Act may be cited as the Conveyancing and Law of Property Act, 1881.

(2) This Act shall commence and take effect from and immediately after the thirty-firstday of December one thousand eight hundred and eighty-one.

(3) This Act does not extend to Scotland.

2 Interpretation of property, land, &c

In this Act—(i) Property, unless a contrary intention appears, includes real and personal

property, and any estate or interest in any property, real or personal, and anydebt, and any thing in action, and any other right or interest:

2 Conveyancing and Law of Property Act 1881 (c. 41)Part I – Preliminary

Document Generated: 2018-03-24Status: This is the original version (as it was originally enacted).

(ii) Land, unless a contrary intention appears, includes land of any tenure, andtenements and hereditaments, corporeal or incorporeal, and houses and otherbuildings, also an undivided share in land:

(iii) In relation to land, income includes rents and profits, and possession includesreceipt of income :

(iv) Manor includes lordship, and reputed manor or lordship:(v) Conveyance, unless a contrary intention appears, includes assignment,

appointment, lease, settlement, and other assurance, and covenant to surrender,made by deed, on a sale, mortgage, demise, or settlement of any property, oron any other dealing with or for any property; and convey, unless a contraryintention appears, has a meaning corresponding with that of conveyance :

(vi) Mortgage includes any charge on any property for securing money or money'sworth; and mortgage money means money, or money's worth, secured by amortgage ; and mortgagor includes any person from time to time deriving titleunder the original mortgagor, or entitled to redeem a mortgage, according tohis estate, interest, or right, in the mortgaged property; and mortgagee includesany person from time to time deriving title under the original mortgagee ; andmortgagee in possession is, for the purposes of this Act, a mortgagee who, inright of the mortgage, has entered into and is in possession of the mortgagedproperty:

(vii) Incumbrance includes a mortgage in fee, or for a less estate, and a trustfor securing money, and a lien, and a charge of a portion, annuity, or othercapital or annual sum; and incumbrancer has a meaning corresponding withthat of incumbrance, and includes every person entitled to the benefit of anincumbrance, or to require payment or discharge thereof:

(viii) Purchaser, unless a contrary intention appears, includes a lessee or mortgagee,and an intending purchaser, lessee, or mortgagee, or other person, who, forvaluable consideration, takes or deals for any property; and purchase, unless acontrary intention appears, has a meaning corresponding with that of purchaser;but sale means only a sale properly so called:

(ix) Rent includes yearly or other rent, toll, duty, royalty, or other reservation, bythe acre, the ton, or otherwise; and fine includes premium or fore-gift, and anypayment, consideration, or benefit in the nature of a fine, premium, or fore-gift:

(x) Building purposes include the erecting and the improving of, and the addingto, and the repairing of buildings; and a building lease is a lease for buildingpurposes or purposes connected therewith:

(xi) A mining lease is a lease for mining purposes, that is, the searching for, winning,working, getting, making merchantable, carrying away, or disposing of minesand minerals, or purposes connected therewith, and includes a grant or licencefor mining purposes:

(xii) Will includes codicil:(xiii) Instrument includes deed, will, inclosure award, and Act of Parliament:(xiv) Securities include stocks, funds, and shares:(xv) Bankruptcy includes liquidation by arrangement, and any other Act or

proceeding in law having, under any Act for the time being in force, effectsor results similar to those of bankruptcy; and bankrupt has a meaningcorresponding with that of bankruptcy:

(xvi) Writing includes print; and words referring to any instrument, copy, extract,abstract, or other document include any such instrument, copy, extract, abstract,

Conveyancing and Law of Property Act 1881 (c. 41)Part II – Sales and other TransactionsDocument Generated: 2018-03-24

3


or other document being in writing or in print, or partly in writing and partlyin print :

(xvii) Person includes a corporation:(xviii) Her Majesty's High Court of Justice is referred to as the Court.

PART II

SALES AND OTHER TRANSACTIONS

Contracts for Sale

3 Application of stated conditions of sale to all purchases

(1) Under a contract to sell and assign a term of years derived out of a leasehold interestin land, the intended assign shall not have the right to call for the title to the leaseholdreversion.

(2) Where land of copyhold or customary tenure has been converted into freehold byenfranchisement, then, under a contract to sell and convey the freehold, the purchasershall not have the right to call for the title to make the enfranchisement.

(3) A purchaser of any property shall not require the production, or any abstract or copy,of any deed, will, or other document, dated or made before the time prescribed by law,or stipulated, for commencement of the title, even though the same creates a powersubsequently exercised by an instrument abstracted in the abstract furnished to thepurchaser; nor shall he require any information, or make any requisition, objection,or inquiry, with respect to any such deed, will, or document, or the title prior to thattime, notwithstanding that any such deed, will, or other document, or that prior title,is recited, covenanted to be produced, or noticed ; and he shall assume, unless thecontrary appears, that the recitals, contained in the abstracted instruments, of anydeed, will, or other document, forming part of that prior title, are correct, and give allthe material contents of the deed will, or other document so recited, and that everydocument so recited was duly executed by all necessary parties, and perfected, if andas required, by fine, recovery, acknowledgment, inrolment, or otherwise.

(4) Where land sold is held by lease (not including under-lease), the purchaser shallassume, unless the contrary appears, that the lease was duly granted; and, onproduction of the receipt for the last payment due for rent under the lease beforethe date of actual completion of the purchase, he shall assume, unless the contraryappears, that all the covenants and provisions of the lease have been duly performedand observed up to the date of actual completion of the purchase.

(5) Where land sold is held by under-lease, the purchaser shall assume, unless the contraryappears, that the under-lease and every superior lease were duly granted ; and, onproduction of the receipt for the last payment due for rent under the under-lease beforethe date of actual completion of the purchase, he shall assume, unless the contraryappears, that all the covenants and provisions of the under-lease have been dulyperformed and observed up to the date of actual completion of the purchase, and furtherthat all rent due under every superior lease, and all the covenants and provisions ofevery superior lease, have been paid and duly performed and observed up to that date.

4 Conveyancing and Law of Property Act 1881 (c. 41)Part II – Sales and other Transactions


(6) On a sale of any property, the expenses of the production and inspection of allActs of Parliament, inclosure awards, records, proceedings of courts, court rolls,deeds, wills, probates, letters of administration, and other documents, not in thevendor's possession, and the expenses of all journeys incidental to such productionor inspection, and the expenses of searching for, procuring, making, verifying, andproducing all certificates, declarations, evidences, and information not in the vendor'spossession, and all attested, stamped, office, or other copies or abstracts of, or extractsfrom, any Acts of Parliament or other documents aforesaid, not in the vendor'spossession, if any such production, inspection, journey, search, procuring, making, orverifying is required by a purchaser, either for verification of the abstract, or for anyother purpose, shall be borne by the purchaser who requires the same ; and where thevendor retains possession of any document, the expenses of making any copy thereof,attested or unattested, which a purchaser requires to be delivered to him, shall be borneby that purchaser.

(7) On a sale of any property in lots, a purchaser of two or more lots, held wholly or partlyunder the same title, shall not have a right to more than one abstract of the commontitle, except at his own expense.

(8) This section applies only to titles and purchasers on sales properly so called,notwithstanding any interpretation in this Act.

(9) This section applies only if and as far as a contrary intention is hot expressed in thecontract of sale, and shall have effect subject to the terms of the contract and to theprovisions therein contained.

(10) This section applies only to sales made after the commencement of this Act.

(11) Nothing in this section shall be construed as binding a purchaser to complete hispurchase in any case where, on a contract made independently of this section, andcontaining stipulations similar to the provisions of this section, or any of them, specificperformance of the contract would not be enforced against him by the Court.

4 Completion of contract after death

(1) Where at the death of any person there is subsisting a contract enforceable against hisheir or devisee, for the sale of the fee simple or other freehold interest, descendibleto his heirs generally, in any land, his personal representatives shall, by virtue of thisAct, have power to convey the land for all the estate and interest vested in him at hisdeath, in any manner proper for giving effect to the contract.

(2) A conveyance made under this section shall not affect the beneficial rights of anyperson claiming under any testamentary disposition or as heir or next of kin of atestator or intestate.

(3) This section applies only in cases of death after the commencement of this Act.

Discharge of Incumbrances on Sale

5 Provision by Court for incumbrances, and sale freed therefrom

(1) Where land subject to any incumbrance, whether immediately payable or not, is soldby the Court, or out of Court, the Court may, if it thinks fit, on the application of anyparty to the sale, direct or allow payment into Court, in case of an annual sum charged


5


on the land, or of a capital sum charged on a determinable interest in the land, ofsuch amount as, when invested in Government securities, the Court considers will besufficient, by means of the dividends thereof, to keep down or otherwise provide forthat charge, and in any other case of capital money charged on the land, of the amountsufficient to meet the incumbrance and any interest due thereon ; but in either casethere shall also be paid into Court such additional amount as the Court considers willbe sufficient to meet the contingency of further costs, expenses, and interest, and

any other contingency, except depreciation of investments, not exceeding one-tenthpart of the original amount to be paid in, unless the Court for special reason thinks fitto require a large additional amount.

(2) Thereupon, the Court may, if it thinks fit, and either after or without any noticeto the incumbrancer, as the Court thinks fit, declare the land to be freed from theincumbrance, and make any order for conveyance, or vesting order, proper for givingeffect to the sale, and give directions for the retention and investment of the moneyin Court.

(3) After notice served on the persons interested in or entitled to the money or fund inCourt, the Court may direct payment or transfer thereof to the persons entitled toreceive or give a discharge for the same, and generally may give directions respectingthe application or distribution of the capital or income thereof.

(4) This section applies to sales not completed at the commencement of this Act, and tosales thereafter made.

General Words

6 General words in conveyances of land, buildings, or manor

(1) A conveyance of land shall be deemed to include and shall by virtue of this Actoperate to convey, with the land, all buildings, erections, fixtures, commons, hedges,ditches, fences, ways, waters, watercourses, liberties, privileges, easements, rights,and advantages whatsoever, appertaining or reputed to appertain to the land, or any partthereof, or at the time of conveyance demised, occupied, or enjoyed with, or reputedor known as part or parcel of or appurtenant to the land or any part thereof.

(2) A conveyance of land, having houses or other buildings thereon, shall be deemed toinclude and shall by virtue of this Act operate to convey, with the land, houses, or otherbuildings, all outhouses, erections, fixtures, cellars, areas, courts, courtyards, cisterns,sewers, gutters, drains, ways, passages, lights, watercourses, liberties, privileges,easements, rights, and advantages whatsoever, appertaining or reputed to appertain tothe land, houses, or other buildings conveyed, or any of them, or any part thereof, orat the time of conveyance demised, occupied, or enjoyed with, or reputed or knownas part or parcel of or appurtenant to, the land, houses, or other buildings conveyed,or any of them, or any part thereof.

(3) A conveyance of a manor shall be deemed to include and shall by virtue of this Actoperate to convey, with the manor, all pastures, feedings, wastes, warrens, commons,mines, minerals, quarries, furzes, trees, woods, underwoods, coppices, and the groundand soil thereof, fishings, fisheries, fowlings, courts leet,

courts baron, and other courts, view of frankpledge and all that to view of frankpledgedoth belong, mills, mulctures, customs, tolls, duties, reliefs, heriots, fines, sums of



money, amerciaments, waifs, estrays, chief-rents, quit-rents, rentscharge, rents seek,rents of assize, fee farm rents, services, royalties, jurisdictions, franchises, liberties,privileges, easements, profits, advantages, rights, emoluments, and hereditamentswhatsoever, to the manner appertaining or reputed to appertain, or at the time ofconveyance demised, occupied, or enjoyed with the same, or reputed or known as part,parcel, or member thereof.

(4) This section applies only if and as far as a contrary intention is not expressed in theconveyance, and shall have effect subject to the terms of the conveyance and to theprovisions therein contained.

(5) This section shall not be construed as giving to any person a better title to any property,right, or thing in this section mentioned than the title which the conveyance givesto him to the land or manor expressed to be conveyed, or as conveying to him anyproperty, right, or thing in this section mentioned, further or otherwise than as the samecould have been conveyed to him by the conveying parties.

(6) This section applies only to conveyances made after the commencement of this Act.

Covenants for Title

7 Covenants for title to be implied. On conveyance for value, by beneficialowner. Right to convey. Quiet enjoyment. Freedom from incumbrance. Furtherassurance. On conveyance of leaseholds for value, by beneficial owner. Validityof lease. On mortgage, by

(1) In a conveyance there shall, in the several cases in this section mentioned, be deemedto be included, and there shall in those several cases, by virtue of this Act, be implied,a covenant to the effect in this section stated, by the person or by each person whoconveys, as far as regards the subject-matter or share of subject-matter expressed tobe conveyed by him, with the person, if one, to whom the conveyance is made, or withthe persons jointly, if more than one, to whom the conveyance is made as joint tenants,or with each of the persons, if more than one, to whom the conveyance is made astenants in common, that is to say:

(A) In a conveyance for valuable consideration, other than a mortgage, thefollowing covenant by a person who conveys and is expressed to convey asbeneficial owner (namely):That, notwithstanding anything by the person who so conveys or any onethrough whom he derives title, otherwise than by purchase for value, made,done, executed, or omitted, or knowingly suffered, the person who so conveys,has, with the concurrence of every other person, if any, conveying by hisdirection, full power to convey the subject-matter expressed to be conveyed,subject as, if so expressed, and in the manner in which, it is expressed to beconveyed, and that, notwithstanding anything as aforesaid, that subject-mattershall remain to and be quietly entered upon, received, and held, occupied,enjoyed, and taken, by the person to whom the conveyance is expressed tobe made, and any person deriving title under him, and the benefit thereofshall be received and taken accordingly, without any lawful interruption ordisturbance by the person who so conveys or any person conveying by hisdirection, or rightfully claiming or to claim by, through, under, or in trustfor the person who so conveys, or any person conveying by his direction, orby, through, or under any one not being a person claiming in respect of anestate or interest subject whereto the conveyance is expressly made, through


7


whom the person who so conveys derives title, otherwise than by purchase forvalue ; and that, freed and discharged from, or otherwise by the person whoso conveys sufficiently indemnified against, all such estates, incumbrances,claims, and demands other than those subject to which the conveyance isexpressly made, as either before or after the date of the conveyance have beenor shall be made, occasioned, or suffered by that person or by any personconveying by his direction, or by any person rightfully claiming by, through,under, or in trust for the person who so conveys, or by, through, or under anyperson Conveying by his direction, or by, through, or under any one throughwhom the person who so conveys derives title, otherwise than by purchase forvalue ; and further, that the person who so conveys, and any person conveyingby his direction, and every other person having or rightfully claiming anyestate or interest in the subject-matter of conveyance, other than an estate orinterest subject whereto the conveyance is expressly made, by, through, under,or in trust for the person who so conveys, or by, through, or under any personconveying by his direction, or by, through, or under any one through whomthe person who so conveys derives title, otherwise than by purchase for value,will, from time to time and at all times after the date of the conveyance, on therequest and at the cost of any person to whom the conveyance is expressed tobe made, or of any person deriving title under him, execute and do all suchlawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the person to whom the conveyance is made, andto those deriving title under him, subject as, if so expressed, and in the .mannerin which the conveyance is expressed to be made, as by him or them or any ofthem shall be reasonably required : (in which covenant a purchase for valueshall not be deemed to include a conveyance in consideration of marriage) :

(B) In a conveyance of leasehold property for valuable consideration, other thana mortgage, the following further covenant by a person who conveys and isexpressed to convey as beneficial owner (namely) :That, notwithstanding anything by the person who so conveys, or any onethrough whom he derives title otherwise than by purchase for value, made,done, executed, or omitted, or knowingly suffered, the lease or grant creatingthe term or estate for which the land is conveyed is, at the time of conveyance,a good, valid, and effectual lease or grant of the property conveyed, and is infull force, unforfeited, unsurrendered, and in nowise become void or voidable,and that, notwithstanding anything as aforesaid, all the rents reserved by, andall the covenants, conditions, and agreements contained in, the lease or grant,and on the part of the lessee or grantee and the persons deriving title under himto be paid, observed, and performed, have been paid, observed, and performedup to the time of conveyance :(in which covenant a purchase for value shall not be deemed to include aconveyance in consideration of marriage):

(C) In a conveyance by way of mortgage, the following covenant by a person whoconveys and is expressed to convey as beneficial owner (namely):That the person who so conveys, has, with the concurrence of every otherperson, if any, conveying by his direction, full power to convey the subject-matter expressed to be conveyed by him, subject as, if so expressed, and inthe manner in which it is expressed to be conveyed; and also that, if defaultis made in payment of the money intended to be secured by the conveyance,or any interest thereon, or any part of that money or interest, contrary to anyprovision in the conveyance, it shall be lawful for the person to whom theconveyance is expressed to be made, and the persons deriving title under him,



to enter into and upon, or receive, and henceforth quietly hold, occupy, andenjoy or take and have, the subject-matter expressed to be conveyed, or anypart thereof, without any lawful interruption or disturbance by the person who:so conveys, or any person conveying by his direction, or any other person notbeing a person claiming in respect of an estate or interest subject whereto the-conveyance is expressly made; and that,freed and discharged from, or otherwise by the person who so conveyssufficiently indemnified against, all estates, incumbrances, claims, anddemands whatever, other than those subject whereto the conveyance isexpressly made; and further, that the person who so conveys and every personconveying by his direction, and every person deriving title under any of them,and every other person having or rightfully claiming any estate or interest inthe subject-matter of conveyance, or any part thereof, other than an estate orinterest subject whereto the conveyance is expressly made, will from time totime and at all times, on the request of any person to whom the conveyanceis expressed to be made, or of any person deriving title under him, but, aslong as any right of redemption exists under the conveyance, at the cost ofthe person so conveying, or of those deriving title under him, and afterwardsat the cost of the person making the request, execute and do all such lawfulassurances and things for further or more perfectly assuring the subject-matterof conveyance and every part thereof to the person to whom the conveyanceis made, and to those deriving title under him, subject as, if so expressed, andin the manner in which the conveyance is expressed to be made, as by him orthem or any of them shall be reasonably required :

(D) In a conveyance by way of mortgage of leasehold property, the followingfurther covenant by a person who conveys and is expressed to convey asbeneficial owner (namely):That the lease or grant creating the term or estate for which the land is heldis, at the time of conveyance, a good, valid, and effectual lease or grant ofthe land conveyed and is in full force, unforfeited, and unsurrendered and innowise become void or voidable, and that all the rents reserved by, and all thecovenants, conditions, and agreements contained in, the lease or grant, and onthe part of the lessee or grantee and the persons deriving title under him tobe paid, observed, and performed, have been paid, observed, and performedup to the time of conveyance ; and also that the person so conveying, orthe persons deriving title under him, will at all times, as long as any moneyremains on the security of the conveyance, pay, observe, and perform, orcause to be paid, observed, and performed all the rents reserved by, and all thecovenants, conditions, and agreements contained in, the lease or grant, andoil the part" of the lessee or grantee and the persons deriving: title under himto be paid, observed, and performed, and will keep- the person to whom theconveyance is made, and those deriving title" under him, indemnified againstall actions, proceedings, costs, charges, damages, claims and demands, if any,to be incurred or sustained by him or them by reason of the non-paymentof such rent or the non-observance or non-performance of such covenants,conditions, and agreements, or any of them :

(E) In a conveyance by way of settlement, the following covenant by a personwho conveys and is expressed to convey as settlor (namely) :That the person so conveying, and every person deriving title under him bydeed or act or operation of law in his lifetime subsequent to that conveyance,or by testamentary disposition or devolution in law, on his death, will, fromtime to time, and at all times, after the date of that conveyance, at the request


9


and cost of any person deriving title thereunder, execute and do all such lawfulassurances and things for further or more perfectly assuring the subject-matterof the conveyance to the persons to whom the conveyance is made and thosederiving title under them, subject as, if so expressed, and in the manner inwhich the conveyance is expressed to be made, as by them or any of themshall be reasonably required :

(F) In any conveyance, the following covenant by every person who conveys andis expressed to convey as trustee or mortgagee, or as personal representativeof a deceased person, or as committee of a lunatic so found by inquisition,or under an order of the Court, which covenant shall be deemed to extend toevery such person's own acts only (namely):That the person so conveying has not executed or done, or knowingly suffered,or been party or privy to, any deed or thing, whereby or by means whereof thesubject-matter of the conveyance, or any part thereof, is or may be impeached,charged, affected, or incumbered in title, estate, or otherwise, or whereby orby means whereof the person who so conveys is in anywise hindered fromconveying the subject-matter of the conveyance, or any part thereof, in themanner in which it is expressed to be conveyed.

(2) Where in a conveyance it is expressed that by direction of a person expressed todirect as beneficial owner another person conveys, then, within this section, the persongiving the direction, whether he conveys and is expressed to convey as beneficialowner or not, shall be deemed to convey and to be expressed to convey as beneficialowner the subject-matter so conveyed by his direction ; and a covenant on his partshall be implied accordingly.

(3) Where a wife conveys and is expressed to convey as beneficial owner, and the husbandalso conveys and is expressed to convey as beneficial owner, then, within this section,the wife shall be deemed to convey and to be expressed to convey by direction of thehusband, as beneficial owner ; and, in addition to the covenant implied on the part ofthe wife, there shall also be implied, first, a covenant on the part of the husband as theperson giving that direction, and secondly, a covenant on the part of the husband inthe same terms as the covenant implied on the part of the wife.

(4) Where in a conveyance a person conveying is not expressed to convey as beneficialowner, or as settlor, or as trustee, or as mortgagee, or as personal representative of adeceased person, or as committee of a lunatic so found by inquisition, or under an orderof the Court, or by direction of a person as beneficial owner, no covenant on the partof the person conveying shall be, by virtue of this section, implied in the conveyance.

(5) In this section a conveyance includes a deed conferring the right to admittance tocopyhold or customary land, but does not include a demise by way of lease at a rent,or any customary assurance, other than a deed, conferring the right to admittance tocopyhold or customary land.

(6) The benefit of a covenant implied as aforesaid shall be annexed and incident to, andshall go with, the estate or interest of the implied covenantee, and shall be capable ofbeing enforced by every person in whom that estate or interest is, for the whole or anypart thereof, from time to time vested.

(7) A covenant implied as aforesaid may be varied or extended by deed, and, as so variedor extended, shall, as far as may be, operate in the like manner, and with all the likeincidents, effects, and consequences, as if such variations or extensions were directedin this section to be implied.




Execution of Purchase Deed

8 Rights of purchaser as to execution

(1) On a sale, the purchaser shall not be entitled to require that the conveyance to him beexecuted in his presence, or in that of his solicitor, as such; but shall be entitled to have,at his own cost, the execution of the conveyance attested by some person appointedby him, who may, if he thinks fit, be his solicitor.-.

(2) This section applies only to sales made after the commencement of this Act.

Production and Safe Custody of Title Deeds

9 Acknowledgment of right to production, and undertaking for safe custody ofdocuments

(1) Where a person retains possession of documents, and gives to another anacknowledgment in writing of the right of that other to production of those documents,and to delivery of copies thereof (in this section called an acknowledgment), thatacknowledgment shall have effect as in this section provided.

(2) An acknowledgment shall bind the documents to which it relates in the possession orunder the control of the person who retains them, and in the possession or under thecontrol of every other person having possession or control thereof from time to time,but shall bind each individual possessor or person as long only as he has possession orcontrol thereof ; and every person so having possession or control from time to timeshall be bound specifically to perform the obligations imposed under this section by anacknowledgment, unless prevented from so doing by fire or other inevitable accident.

(3) The obligations imposed under this section by an acknowledgment are to be performedfrom time to time at the request in writing of the person to whom an acknowledgmentis given, or of any person, not being a lessee at a rent, having or claiming any estate,interest, or right through or under that person, or otherwise becoming through orunder that person interested in or affected by the terms of any document to which theacknowledgment relates.

(4) The obligations imposed under this section by an acknowledgment are—(i) An obligation to produce the documents or any of them at all reasonable times

for the purpose of inspection, and of comparison with abstracts or copiesthereof, by the person entitled to request production or by any one by himauthorised in writing; and

(ii) An obligation to produce the documents or any of them at any trial, hearing, orexamination in any court, or in the execution of any commission, or elsewherein the United Kingdom, on any occasion on which production may properly berequired, for proving or supporting the title or claim of the person entitled torequest production, or for any other purpose relative to that title or claim ; and

(iii) An obligation to deliver to the person entitled to request the same true copiesor extracts, attested or unattested, of or from the documents or any of them.


11


(5) All costs and expenses of or incidental to the specific performance of any obligationimposed under this section by an acknowledgment shall be paid by the personrequesting performance.

(6) An acknowledgment shall not confer any right to damages for loss or destruction of,or injury to, the documents to which it relates, from whatever cause arising.

(7) Any person claiming to be entitled to the benefit of an acknowledgment may apply tothe Court for an order directing the production of the documents to which it relates,or any of them, or the delivery of copies of or extracts from those documents or anyof them to him, or some person on his behalf ; and the Court may, if it thinks fit,order production, or production and delivery, accordingly, and may give directionsrespecting the time, place, terms, and mode of production or delivery, and may makesuch order as it thinks fit respecting the costs of the application, or any other matterconnected with the application.

(8) An acknowledgment shall by virtue of this Act satisfy any liability to give a covenantfor production and delivery of copies of or extracts from documents.

(9) Where a person retains possession of documents and gives to another an undertakingin writing for safe custody thereof, that undertaking shall impose on the person givingit, and on every person having possession or control of the documents from time totime, but on each individual possessor or person as long only as he has possessionor control thereof, an obligation to keep the documents safe, whole, uncancelled, andundefaced, unless prevented from so doing by fire or other inevitable accident.

(10) Any person claiming to be entitled to the benefit of such an undertaking may apply tothe Court to assess damages for any loss, destruction of, or injury to the documents orany of them, and the Court may, if it thinks fit, direct an inquiry respecting the amountof damages, and order payment thereof by the person liable, and may make such orderas it thinks fit respecting the costs of the application, or any other matter connectedwith the application.

(11) An undertaking for safe custody of documents shall by virtue of this Act satisfy anyliability to give a covenant for safe custody of documents.

(12) The rights conferred by an acknowledgment or an undertaking under this section shallbe in addition to all such other rights relative to the production, or inspection, or theobtaining of copies of documents as are not, by virtue of this Act, satisfied by thegiving of the acknowledgment or undertaking, and shall have effect subject to theterms of the acknowledgment or undertaking, and to any provisions therein contained.

(13) This section applies only if and as far as a contrary intention is not expressed in theacknowledgment or undertaking.

(14) This section applies only to an acknowledgment or undertaking given, or a liabilityrespecting documents incurred, after the commencement of this Act.

12 Conveyancing and Law of Property Act 1881 (c. 41)Part III – Leases


PART III

LEASES

10 Rent and benefit of lessees covenants to run with reversion

(1) Rent reserved by a lease, and the benefit of every covenant or provision thereincontained, having reference to the subject-matter thereof, and on the lessees part tobe observed or performed, and every condition of re-entry and other condition thereincontained, shall be annexed and incident to and shall go with the reversionary estatein the land, or in any part thereof, immediately expectant on the term granted by thelease, notwithstanding severance of that reversionary estate, and shall be capable ofbeing recovered, received, enforced, and taken advantage of by the person from timeto time entitled, subject to the term, to the income of the whole or any part, as the casemay require, of the land leased.

(2) This section applies only to leases made after the commencement of this Act.

11 Obligation of lessors covenants to run with reversion

(1) The obligation of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionaryestate immediately expectant on the term granted by the lease, be annexed andincident to and shall go with that reversionary estate, or the several parts thereof,notwithstanding severance of that reversionary estate, and may be taken advantageof and enforced by the person in whom the term is from time to time vested byconveyance, devolution in law, or otherwise ; and, if and as far as the lessor has powerto bind the person from time to time entitled to that reversionary estate, the obligationaforesaid may be taken advantage of and enforced against any person so entitled.


12 Apportionment of conditions on severance, &c

(1) Notwithstanding the severance by conveyance, surrender, or otherwise, of thereversionary estate in any land comprised in a lease, and notwithstanding theavoidance or cesser in any other manner of the term granted by a lease as to part onlyof the land comprised therein, every condition or right of re-entry, and every othercondition, contained in the lease, shall be apportioned, and shall remain annexed to thesevered parts of the reversionary estate as severed, and shall be in force with respectto the term whereon each severed part is reversionary, or the term in any land whichhas not been surrendered, or as to which the term has not been avoided or has nototherwise ceased, in like manner as if the land comprised in each severed part, or theland as to which the term remains subsisting, as the case may be, had alone originallybeen comprised in the lease.


13 On sub-demise, title to leasehold reversion not to be required

(1) On a contract to grant a lease for a term of years to be derived out of a leaseholdinterest, with a leasehold reversion, the intended lessee shall not have the right to callfor the title to that reversion.

Conveyancing and Law of Property Act 1881 (c. 41)Part III – LeasesDocument Generated: 2018-03-24

13


(2) This section applies only if and as far as a contrary intention is not expressed in thecontract, and shall have effect subject to the terms of the contract and to the provisionstherein contained.

(3) This section applies only to contracts made after the commencement of this Act.

Forfeiture

14 Restrictions on and relief against forfeiture of leases

(1) A right of re-entry or forfeiture under any proviso or stipulation in a lease, for abreach of any covenant or condition in the lease, shall not be enforceable, by actionor otherwise, unless and until the lessor serves on the lessee a notice specifying theparticular breach complained of and, if the breach is capable of remedy, requiringthe lessee to remedy the breach, and, in any case, requiring the lessee to makecompensation in money for the breach, and the lessee fails, within a reasonable timethereafter, to remedy the breach, if it is capable of remedy, and to make reasonablecompensation in money, to the satisfaction of the lessor, for the breach.

(2) Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action broughtby himself, apply to the Court for relief; and the Court may grant or refuse relief,as the Court, having regard to the proceedings and conduct of the parties under theforegoing provisions of this section, and to all the other circumstances, thinks fit; andin case of relief may grant it on such terms, if any, as to costs, expenses, damages,compensation, penalty, or otherwise, including the granting of an injunction to restrainany like breach in the future, as the Court, iii the circumstances of each case, thinks fit.

(3) For the purposes of this section a lease includes an original or derivative under-lease,also a grant at a fee farm rent, or securing a rent by condition; and a lessee includesan original or derivative under-lessee, and the heirs, executors, administrators, andassigns of a lessee, also a grantee under such a grant as aforesaid, his heirs and assigns ;and a lessor includes an original or derivative under-lessor, and the heirs, executors,administrators, and assigns of a lessor, also a grantor as aforesaid, and his heirs andassigns.

(4) This section applies although the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease in pursuance of the directions of anyAct of Parliament.

(5) For the purposes of this section a lease limited to continue as long only as the lesseeabstains from committing a breach of covenant shall be and take effect as a lease tocontinue for any longer term for which it could subsist, but determinable by a provisofor re-entry on such a breach.

(6) This section does not extend—(i) To a covenant or condition against the assigning, under letting, parting with

the possession, or disposing of the land leased; or to a condition for forfeitureon the bankruptcy of the lessee, or on the taking in execution of the lessee'sinterest; or

(ii) In case of a mining lease, to a covenant or condition for allowing the lessorto have access to or inspect books, accounts, records, weighing machines orother things, or to enter or inspect the mine or the workings thereof.

14 Conveyancing and Law of Property Act 1881 (c. 41)Part IV – Mortgages


(7) The enactments described in Part I of the Second Schedule to this Act are herebyrepealed.

(8) This section shall not affect the law relating to re-entry or forfeiture or relief in caseof non-payment of rent.

(9) This section applies to leases made either before or after the commencement of thisAct, and shall have effect notwithstanding any stipulation to the contrary.

PART IV

MORTGAGES

15 Obligation on mortgagee to transfer instead of re-conveying

(1) Where a mortgagor is entitled redeem, he shall, by virtue of this Act, have power torequire the mortgagee, instead of re-conveying, and on the terms on which he would bebound to re-convey, to assign the mortgage debt and convey the mortgaged propertyto any third person, as the mortgagor directs; and the mortgagee shall, by virtue of thisAct, be bound to assign and convey accordingly.

(2) This section does not apply in the case of a mortgagee being or having been inpossession.

(3) This section applies to mortgages made either before or after the commencement ofthis Act, and shall have effect notwithstanding any stipulation to the contrary.

16 Power for mortgagor to inspect title deeds

(1) A mortgagor, as long as his right to redeem subsists, shall, by virtue of this Act, beentitled from time to time, at reasonable times, on his request, and at his own cost, andon payment of the mortgagee's costs and expenses in this behalf, to inspect and makecopies or abstracts of or extracts from the documents of title relating to the mortgagedproperty in the custody or power of the mortgagee.

(2) This section applies only to mortgages made after the commencement of this Act, andshall have effect notwithstanding any stipulation to the contrary.

17 Restriction on consolidation of mortgages

(1) A mortgagor seeking to redeem any one mortgage, shall, by virtue of this Act, beentitled to do so, without paying any money due under any separate mortgage made byhim, or by any person through whom he .claims, on property other than that comprisedin the mortgage which he seeks to redeem.

(2) This section applies only if and as far as a contrary intention is not expressed in themortgage deeds or one of them.

(3) This section applies only where the mortgages or one of them are or is made after thecommencement of this Act.

Conveyancing and Law of Property Act 1881 (c. 41)Part IV – MortgagesDocument Generated: 2018-03-24

15


Leases

18 Leasing powers of mortgagor and of mortgagee in possession

(1) A mortgagor of land while in possession shall, as against every incumbrancer, have,by virtue of this Act, power to make from time to time any such lease of the mortgagedland, or any part thereof, as is in this section described and authorised.

(2) A mortgagee of land while in possession shall, as against all prior incumbrancers, ifany, and as against the mortgagor, have, by virtue of this Act, power to make fromtime to time any such lease as aforesaid.

(3) The leases which this section authorises are—(i) An agricultural or occupation lease for any term not exceeding twenty-one

years; and(ii) A building lease for any term not exceeding ninety-nine years.

(4) Every person making a lease under this section may execute and do all assurances andthings necessary or proper in that behalf. '

(5) Every such lease shall be made to take effect in possession not later than twelve monthsafter -its date.

(6) Every such lease shall reserve the best rent that can reasonably be obtained, regardbeing had to the circumstances of the case, but without any fine being taken.

(7) Every such lease shall contain a covenant by the lessee for payment of the rent, anda condition of re-entry on the rent not being paid within a time therein specified notexceeding thirty days.

(8) A counterpart of every such lease shall be executed by the lessee and delivered to thelessor, of which execution and delivery the execution of the lease by the lessor shall,in favour of the lessee and all persons deriving title under him, be sufficient evidence.

(9) Every such building lease shall be made in consideration of the lessee, or some personby whose direction the lease is granted, having erected, or agreeing to erect within notmore than five years from the date of the lease, buildings, new or additional, or havingimproved or repaired buildings, or agreeing to improve or repair buildings within thattime, or having executed, or agreeing to execute, within that time, on the land leased,an improvement for or in connexion with building purposes.

(10) In any such building lease a peppercorn rent, or a nominal or other rent less than therent ultimately payable, may be made payable for the first five years, or any less partof the term.

(11) In case of a lease by the mortgagor, he shall, within one month after making the lease,deliver to the mortgagee, or, where there are more than one, to the mortgagee first inpriority, a counterpart of the lease duly executed by the lessee ; but the lessee shall notbe concerned to see that this provision is complied with.

(12) A contract to make or accept a lease under this section may be enforced by or againstevery person on whom the lease if granted would be binding.

(13) This section applies only if and as far as a contrary intention is not expressed by themortgagor and mortgagee in the mortgage deed, or otherwise in writing, and shall



have effect subject to the terms of the mortgage deed or of any such writing and tothe provisions therein contained.

(14) Nothing in this Act shall prevent the mortgage deed from reserving to or conferringon the mortgagor or the mortgagee, or both, any further or other powers of leasing orhaving reference to leasing; and any further or other powers so reserved or conferredshall be exerciseable, as far as may be, as if they were conferred by this Act, andwith all the like incidents, effects, and consequences, unless a contrary intention isexpressed in the mortgage deed.

(15) Nothing in this Act shall be construed to enable a mortgagor or mortgagee to makea lease for any longer term or on any other conditions than such as could have beengranted or imposed by the mortgagor, with the concurrence of all the incumbrancers,if this Act had not been passed.

(16) This section applies only in case of a mortgage made after the commencement of thisAct; but the provisions thereof, or any of them, may, by agreement in writing madeafter the commencement of this Act, between mortgagor and mortgagee, be appliedto a mortgage made before the commencement of this Act, so, nevertheless, that anysuch agreement shall not prejudicially affect any right or interest of any mortgageenot joining in or adopting the agreement.

(17) The provisions of this section referring to a lease shall be construed to extend andapply, as far as circumstances admit, to any letting, and to an agreement, whether inwriting or not, for leasing or letting.

Sale; Insurance; Receiver; Timber

19 Powers incident to estate or interest of mortgagee

(1) A mortgagee, where the mortgage is made by deed, shall, by virtue of this Act, havethe following powers, to the like extent as if they had been in terms conferred by themortgage deed, but not further (namely):

(i) A power, when the mortgage money has become due, to sell, or to concur withany other person in selling, the mortgaged property, or any part thereof, eithersubject to prior charges, or not, and either together or in lots, by public auctionor by private contract, subject to such conditions respecting title, or evidenceof title, or other matter, as he (the mortgagee) thinks fit, with power to vary anycontract for sale, and to buy in at an auction, or to rescind any contract for sale,and to re-sell, without being answerable for any loss occasioned thereby; and

(ii) A power, at any time after the date of the mortgage deed, to insureand keep insured against loss or damage by fire any building, orany effects or property of an insurable nature, whether affixed to thefreehold or not, being or forming part of the mortgaged property,and the premiums paid for any such insurance shall be a charge onthe mortgaged property, in addition to the mortgage money, and withthe same priority, and with interest at the same rate, as the mortgagemoney; and

(iii) A power, when the mortgage money has become due, to appointa receiver of the income of the mortgaged property, or of any partthereof ; and

(iv) A power, while the mortgagee is in possession, to cut and sell timberand other trees ripe for cutting, and not planted or left standing for


17


shelter or ornament, or to contract for any such cutting and sale, tobe completed within any time not exceeding twelve months from themaking of the contract.

(2) The provisions of this Act relating to the foregoing powers, comprised either in thissection, or in any subsequent section regulating the exercise of those powers, maybe varied or extended by the mortgage deed, and, as so varied or extended, shall, asfar as may be, operate in the like manner and with all the like incidents, effects, andconsequences, as if such variations or extensions were contained in this Act.

(3) This section applies only if and as far as a contrary intention is not expressed in themortgage deed, and shall have effect subject to the terms of the mortgage deed and tothe provisions therein contained.

(4) This section applies only where the mortgage deed is executed after thecommencement of this Act.

20 Regulation of exercise of power of sale

A mortgagee shall not exercise the power of sale conferred by this Act unless anduntil—

(i) Notice requiring payment of the mortgage money has been served on themortgagor or one of several mortgagors, and default has been made in paymentof the mortgage money, or of part thereof, for three months after such service ;or

(ii) Some interest under the mortgage is in arrear and unpaid for two months afterbecoming due ; or

(iii) There has been a breach of some provision contained in the mortgage deed orin this Act, and on the part of the mortgagor, or of some person concurring inmaking the mortgage, to be observed or performed, other than and besides acovenant or payment of the mortgage money or interest thereon.

21 Conveyance, receipt, &c. on sale

(1) A mortgagee exercising the power of sale conferred by this Act shall have power, bydeed, to convey the property sold, for such estate and interest therein as is the subjectof the mortgage, freed from all estates, interests, and rights to which the mortgagehas priority, but subject to all estates, interests, and rights which have priority to themortgage ; except that, in the case of copyhold or customary land, the legal right toadmittance shall not pass by a deed under this section, unless the deed is sufficientotherwise by law, or is sufficient by custom, in that behalf.

(2) Where a conveyance is made in professed exercise of the power of sale conferred bythis Act, the title of the purchaser shall not be impeachable on the ground that no casehas arisen to authorise the sale, or that due notice was not given, or that the powerwas otherwise improperly or irregularly exercised; but any person damnified by anunauthorised, or improper, or irregular exercise of the power shall have his remedy indamages against the person exercising the power.

(3) The money which is received by the mortgagee, arising from the sale, after dischargeof prior incumbrances to which the sale is not made subject, if any, or after paymentinto Court under this Act of a sum to meet any prior incumbrance, shall be heldby him in trust to be applied by him, first, in payment of all costs, charges, andexpenses, properly incurred by him, as incident to the sale or any attempted sale, or



otherwise; and secondly, in discharge of the mortgage money, interest, and costs, andother money, if any, due under the mortgage; and the residue of the money so receivedshall be paid to the person entitled to the mortgaged property, or authorised to givereceipts for the proceeds of the sale thereof.

(4) The power of sale conferred by this Act may be exercised by any person for the timebeing entitled to receive and give a discharge for the mortgage money.

(5) The power of sale conferred by this Act shall not affect the right of foreclosure.

(6) The mortgagee, his executors, administrators, or assigns, shall not be answerable forany involuntary loss happening in or about the exercise or execution of the power ofsale conferred by this Act or of any trust connected therewith.

(7) At any time after the power of sale conferred by this Act has become exerciseable, theperson entitled to exercise the same may demand and recover from any person, otherthan a person having in the mortgaged property an estate, interest, or right in priorityto the mortgage, all the deeds and documents relating to the property, or to the titlethereto, which a purchaser under the power of sale would be entitled to demand andrecover from him.

22 Mortgagee's receipts, discharges, &c

(1) The receipt in writing of a mortgagee shall be a sufficient discharge for any moneyarising under the power of sale conferred by this Act, or for any money or securitiescomprised in his mortgage, or arising thereunder ; and a person paying or transferringthe same to the mortgagee shall not be concerned to inquire whether any moneyremains due under the mortgage.

(2) Money received by a mortgagee under his mortgage or from the proceeds of securitiescomprised in his mortgage shall be applied in like manner as in this Act directedrespecting money received by him arising from a sale under the power of saleconferred by this Act; but with this variation, that the costs, charges, and expensespayable shall include the costs, charges, and expenses properly incurred of recoveringand receiving the money or securities, and of conversion of securities into money,instead of those incident to sale.

23 Amount and application of insurance money

(1) The amount of an insurance effected by a mortgagee against loss or damage by fireunder the power in that behalf conferred by this Act shall not exceed the amountspecified in the mortgage deed, or, if no amount is therein specified, then shallnot exceed two third parts of the amount that would be required, in case of totaldestruction, to restore the property insured.

(2) An insurance shall not, under the power conferred by this Act, be effected by amortgagee in any of the following cases (namely):

(i) Where there is a declaration in the mortgage deed that no insurance isrequired :

(ii) Where an insurance is kept up by or on behalf of the mortgagor inaccordance with the mortgage deed:

(iii) Where the mortgage deed contains no stipulation respectinginsurance, and an insurance is kept up by or on behalf of the


19


mortgagor, to the amount in which the mortgagee is by this Actauthorised to insure.

(3) All money received on an insurance effected under the mortgage deed or under thisAct shall, if the mortgagee so requires, be applied by the mortgagor in making goodthe loss or damage in respect of which the money is received.

(4) Without prejudice to any obligation to the contrary imposed by law, or by specialcontract, a mortgagee may require that all money received on an insurance be appliedin or towards discharge of the money due under his mortgage.

24 Appointment, powers, remuneration, and duties of receiver

(1) A mortgagee entitled to appoint a receiver under the power in that behalf conferred bythis Act shall not appoint a receiver until he has become entitled to exercise the powerof sale conferred by this Act, but may then, by writing under his hand, appoint suchperson as he thinks fit to be receiver.

(2) The receiver shall be deemed to be the agent of the mortgagor ; and the mortgagorshall be solely responsible for the receiver's acts or defaults, unless the mortgage deedotherwise provides.

(3) The receiver shall have power to demand and recover all the income of the property ofwhich he is appointed receiver, by action, distress, or otherwise, in the name either ofthe mortgagor or of the mortgagee, to the full extent of the estate or interest which themortgagor could dispose of, and to give effectual receipts, accordingly, for the same.

(4) A person paying money to the receiver shall not be concerned to inquire whether anycase has happened to authorise the receiver to act.

(5) The receiver may be removed, and a new receiver may be appointed, from time totime by the mortgagee by writing under his hand.

(6) The receiver shall be entitled to retain out of any money received by him, for hisremuneration, and in satisfaction of all costs, charges, and expenses incurred by himas receiver, a commission at such rate, not exceeding five per centum on the grossamount of all money received, as is specified in his appointment, and if no rate is sospecified, then at the rate of five per centum on that gross amount, or at such higherrate as the Court thinks fit to allow, on application made by him for that purpose.

(7) The receiver shall, if so directed in writing by the mortgagee, insure and keep insuredagainst loss or damage by fire, out of the money received by him, any building, effects,or property comprised in the mortgage, whether affixed to the freehold or not, beingof an insurable nature.

(8) The receiver shall apply all money received by him as follows (namely) :(i) In discharge of all rents, taxes, rates, and outgoings whatever affecting the

mortgaged property ; and(ii) In keeping down all annual sums or other payments, and the interest

on all principal sums, having priority to the mortgage in right whereofhe is receiver ; and

(iii) In payment of his commission, and of the premiums on fire, life, orother insurances, if any, properly payable under the mortgage deed orunder this Act, and the cost of executing necessary or proper repairsdirected in writing by the mortgagee ; and

20 Conveyancing and Law of Property Act 1881 (c. 41)Part V – Statutory Mortgage


(iv) In payment of the interest accruing due in respect of any principalmoney due under the mortgage;

and shall pay the residue of the money received by him to the person who,but for the possession of the receiver, would have been entitled to receivethe income of the mortgaged property, or who is otherwise entitled to thatproperty.

Action respecting Mortgage

25 Sale of mortgaged property in action for foreclosure, &c

(1) Any person entitled to redeem mortgaged property may have a judgment or order forsale instead of for redemption in an action brought by him either for redemption alone,or for sale alone, or for sale or redemption, in the alternative.

(2) In any action, whether for foreclosure, or for redemption, or for sale, or for the raisingand payment in any manner of mortgage money, the Court, on the request of themortgagee, or of any person interested either in the mortgage money or in the right ofredemption, and, notwithstanding the dissent of any other person, and notwithstandingthat the mortgagee or any person so interested does not appear in the action, andwithout allowing any time for redemption or for payment of any mortgage money,may, if it thinks fit, direct a sale of the mortgaged property, on such terms as it thinksfit, including, if it thinks fit, the deposit in Court of a reasonable sum fixed by theCourt, to meet the expenses of sale and to secure performance of the terms.

(3) But, in an action brought by a person interested in the right of redemption and seekinga sale, the Court may, on the application of any defendant, direct the plaintiff to givesuch security for costs as the Court thinks fit, and may give the conduct of the saleto any defendant, and may give such directions as it thinks fit respecting the costs ofthe defendants or any of them.

(4) In any case within this section the Court may, if it thinks fit, direct a sale withoutpreviously determining the priorities of incumbrances.

(5) This section applies to actions brought either before or after the commencement ofthis Act.

(6) The enactment described in Part II of the Second Schedule to this Act is herebyrepealed.

(7) This section does not extend to Ireland.

PART V

STATUTORY MORTGAGE

26 Form of statutory mortgage in schedule

(1) A mortgage of freehold or leasehold land may be made by a deed expressed to be madeby way of statutory mortgage, being in the form given in Part I of the Third Scheduleto this Act, with such variations and additions, if any, as circumstances may require,and the provisions of this section shall apply thereto.

Conveyancing and Law of Property Act 1881 (c. 41)Part V – Statutory MortgageDocument Generated: 2018-03-24

21


(2) There shall be deemed to be included, and there shall by virtue of this Act be implied,in the mortgage deed—First, a covenant with the mortgagee by the person expressed therein to convey asmortgagor to the effect following (namely):

That the mortgagor will, on the stated day, pay to the mortgagee the stated mortgagemoney, with interest thereon in the meantime, at the stated rate, and will thereafter,if and as long as the 'mortgage money or any part thereof remains unpaid, pay to themortgagee interest thereon, or on the unpaid part thereof, at the stated rate, by equalhalf-yearly payments, the first thereof to be made at the end of six calendar monthsfrom the day stated for payment of the mortgage money :Secondly, a proviso to the effect following (namely):That if the mortgagor, on the stated day, pays to the mortgagee the stated mortgagemoney, with interest thereon in the meantime, at the stated rate, the mortgagee at anytime thereafter, at the request and cost of the mortgagor, shall re-convey the mortgagedproperty to the mortgagor, or as he shall direct.

27 Forms of statutory transfer of mortgage in schedule

(1) A transfer of a statutory mortgage may be made by a deed expressed to be made byway of statutory transfer of mortgage, being in such one of the three forms (A) and(B) and (C) given in Part II of the Third Schedule to this Act as may be appropriateto the case, with such variations and additions, if any, as circumstances may require,and the provisions of this section shall apply thereto.

(2) In whichever of those three forms the deed of transfer is made, it shall have effect asfollows (namely):

(i) There shall become vested in the person to whom the benefit of the mortgageis expressed to be transferred, who, with his executors, administrators, andassigns, is hereafter in this section designated the transferee, the right todemand, sue for, recover, and give receipts for the mortgage money, or theunpaid part thereof, and the interest then due, if any, and thenceforth to becomedue thereon, and the benefit of all securities for the same, and the benefitof and the right to sue on all covenants with the mortgagee, and the right toexercise all powers of the mortgagee :

(ii) All the estate and interest, subject to redemption, of the mortgagee inthe mortgaged land shall vest in the transferee, subject to redemption.

(3) If the deed of transfer is made in the form (B), there shall also be deemed to beincluded, and there shall by virtue of this Act be implied therein, a covenant with thetransferee by the person expressed to join therein as covenantor to the effect following(namely):

That the covenantor will, on the next of the days by the mortgage deed fixed forpayment of interest, pay to the transferee the stated mortgage money, or so muchthereof as then remains unpaid, with interest thereon, or on the unpaid part thereof, inthe meantime, at the rate stated in the mortgage deed ; and will thereafter, as long asthe mortgage money, or any part thereof, remains unpaid, pay to the transferee intereston that sum, or the unpaid part thereof, at the same rate, on the successive days by themortgage deed fixed for payment of interest.

(4) If the deed of transfer is made in the form (C), it shall, by virtue of this Act, operatenot only as a statutory transfer of mortgage, but also as a statutory mortgage, and

22 Conveyancing and Law of Property Act 1881 (c. 41)Part VI – Trust and Mortgage Estates on Death


the provisions of this section shall have effect in relation thereto accordingly; but itshall not be liable to any increased stamp duty by reason only of it being designateda mortgage.

28 Implied covenants, joint and several

In a deed of statutory mortgage, or of statutory transfer of mortgage, where morepersons than one are expressed to convey as mortgagors, or to join as covenantors, theimplied covenant on their part shall be deemed to be a joint and several covenant bythem ; and where there are more mortgagees or more transferees than one, the impliedcovenant with them shall be deemed to be a covenant with them jointly, unless theamount secured is expressed to be secured to them in shares or distinct sums, in whichlatter case the implied covenant with them shall be deemed to be a covenant with eachseverally in respect of the share or distinct sum secured to him.

29 Form of re-conveyance of statutory mortgage in schedule

A re-conveyance of a statutory mortgage may be made by a deed expressed to bemade by way of statutory re-conveyance of mortgage, being in the form given in PartIII of the Third Schedule to this Act, with such variations and additions, if any, ascircumstances may require.

PART VI

TRUST AND MORTGAGE ESTATES ON DEATH

30 Devolution of trust and mortgage estates on death

(1) Where an estate or interest of inheritance, or limited to the heir as special occupant,in any tenements or hereditaments, corporeal or incorporeal, is vested on anytrust, or by way of mortgage, in any person solely, the same shall, on his death,notwithstanding any testamentary disposition, devolve to and become vested in hispersonal representatives or representative from time to time, in like manner as if thesame were a chattel real vesting in them or him; and accordingly all the like powers,for one only of several joint personal representatives, as well as for a single personalrepresentative, and for all the personal representatives together, to dispose of andotherwise deal with the same, shall belong to the deceased's personal representativesor representative from time to time, with all the like incidents, but subject to all thelike rights, equities, and obligations, as if the same were a chattel real vesting in themor him; and, for the purposes of this section, the personal representatives, for the timebeing, of the deceased shall be deemed in law his heirs and assigns, within the meaningof all trusts and powers.

(2) Section four of the Vendor and Purchaser Act, 1874, and section forty-eight of theLand Transfer Act, 1875, are hereby repealed.

(3) This section, including the repeals therein, applies only in cases of death after thecommencement of this Act.

Conveyancing and Law of Property Act 1881 (c. 41)Part VII – Trustees and ExecutorsDocument Generated: 2018-03-24

23


PART VII

TRUSTEES AND EXECUTORS

31 Appointment of new trustees, vesting of trust property, &c

(1) Where a trustee, either original or substituted, and whether appointed by a Court orotherwise, is dead, or remains out of the United Kingdom for more than twelve months,or desires to be discharged from the trusts or powers reposed in or conferred on him,or refuses or is unfit to act therein, or is incapable of acting therein, then the person orpersons nominated for this purpose by the instrument, if any, creating the trust, or ifthere is no such person, or no such person able and willing to act, then the survivingor continuing trustees or trustee for the time being, or the personal representatives ofthe last surviving or continuing trustee, may, by writing, appoint another person orother persons to be a trustee or trustees in the place of the trustee dead, remaining outof the United Kingdom, desiring to be discharged, refusing or being unfit, or beingincapable, as aforesaid.

(2) On an appointment of a new trustee, the number of trustees may be increased.

(3) On an appointment of a new trustee, it shall not be obligatory to appoint more thanone new trustee, where only one trustee was originally appointed, or to fill up theoriginal number of trustees, where more than two trustees were originally appointed;but, except where only one trustee was originally appointed, a trustee shall not bedischarged under this section from his trust unless there will be at least two trusteesto perform the trust.

(4) On an appointment of a new trustee any assurance or thing requisite for vesting thetrust property, or any part thereof, jointly in the persons who are the trustees, shall beexecuted or done.

(5) Every new trustee so appointed, as well before as after all the trust property becomesby law, or by assurance, or otherwise, vested in him, shall have the same powers,authorities, and discretions, and may in all respects act, as if he had been originallyappointed a trustee by the instrument, if any, creating the trust.

(6) The provisions of this section relative to a trustee who is dead include the case of aperson nominated trustee in a will but dying before the testator; and those relativeto a continuing trustee include a refusing or retiring trustee, if willing to act in theexecution of the provisions of this section.

(7) This section applies only if and as far as a contrary intention is not expressed in theinstrument, if any, creating the trust, and shall have effect subject to the terms of thatinstrument and to any provisions therein contained.

(8) This section applies to trusts created either before or after the commencement of thisAct.

32 Retirement of trustee

(1) Where there are more than two trustees, if one of them by deed declares that he isdesirous of being discharged from the trust, and if his co-trustees and such otherperson, if any, as is empowered to appoint trustees, by deed consent to the dischargeof the trustee, and to the vesting in the co-trustees alone of the trust property, then thetrustee desirous of being discharged shall be deemed to have retired from the trust, and

24 Conveyancing and Law of Property Act 1881 (c. 41)Part VII – Trustees and ExecutorsDocument Generated: 2018-03-24


shall, by the deed, be discharged therefrom under this Act, without any new trusteebeing appointed in his place.

(2) Any assurance or thing requisite for vesting the trust property in the continuing trusteesalone shall be executed or done.

(3) This section applies only if and as far as a contrary intention is not expressed in theinstrument, if any, creating the trust, and shall have effect subject to the terms of thatinstrument and to any provisions therein contained.


33 Power of new trustee appointed by court

(1) Every trustee appointed by the Court of Chancery, or by the Chancery Division of theCourt, or by any other court of competent jurisdiction, shall, as well before as afterthe trust property becomes by law, or by assurance, or otherwise, vested in him, havethe same powers, authorities, and discretions, and may in all respects act, as if he hadbeen originally appointed a trustee by the instrument, if any, creating the trust.

(2) This section applies to appointments made either before or after the commencementof this Act.

34 Vesting of trust property in new or continuing trustees

(1) Where a deed by which a new trustee is appointed to perform any trust contains adeclaration by the appointor to the effect that any estate or interest in any land subjectto the trust, or in any chattel so subject, or the right to recover and receive any debtor other thing in action so subject, shall vest in the persons who by virtue of the deedbecome and are the trustees for performing the trust, that declaration shall, withoutany conveyance or assignment, operate to vest in those persons, as joint tenants, andfor the purposes of the trust, that estate, interest, or right.

(2) Where a deed by which a retiring trustee is discharged under this Act contains sucha declaration as is in this section mentioned by the retiring and continuing trustees,and by the other person, if any, empowered to appoint trustees, that declaration shall,without any conveyance or assignment, operate to vest in the continuing trustees alone,as joint tenants, and for the purposes of the trust, the estate, interest, or right to whichthe declaration relates.

(3) This, section does not extend to any legal estate or interest in copyhold or customaryland, or to land conveyed by way of mortgage for securing money subject to the trust,or to any such share, stock, annuity, or property as is only transferable in books keptby a company or other body, or in manner prescribed by or under Act of Parliament.

(4) For purposes of registration of the deed in any registry, the person or persons makingthe declaration shall be deemed the conveying party or parties, and the conveyanceshall be deemed to be made by him or them under a power conferred by this Act.

(5) This section applies only to deeds executed after the commencement of this Act.

Conveyancing and Law of Property Act 1881 (c. 41)Part VII – Trustees and ExecutorsDocument Generated: 2018-03-24

25


35 Power for trustees for sale to sell by auction, &c

(1) Where a trust for sale or a power of sale of property is vested in trustees, they maysell or concur with any other person in selling all or any part of the property, eithersubject to prior charges or not, and either together or in lots, by public auction or byprivate contract, subject to any such conditions respecting title or evidence of title, orother matter, as the trustees think fit, with power to vary any contract for sale, and tobuy in at any auction, or to rescind any contract for sale, and to re-sell, without beinganswerable for any loss.

(2) This section applies only if and as far as a contrary intention is not expressed in theinstrument creating the trust or power, and shall have effect subject to the terms of thatinstrument and to the provisions therein contained.

(3) This section applies only to a trust or power created by an instrument coming intooperation after the commencement of this Act.

36 Trustees receipts

(1) The receipt in writing of any trustees or trustee for any money, securities, or otherpersonal property or effects payable, transferable, or deliverable to them or him underany trust or power shall be a sufficient discharge for the same, and shall effectuallyexonerate the person paying, transferring, or delivering the same from seeing to theapplication or being answerable for any loss or misapplication thereof.


37 Power for executors and trustees to compound, &c

(1) An executor may pay or allow any debt or claim on any evidence that he thinkssufficient.

(2) An executor, or two or more trustees acting together, or a sole acting trustee where, bythe instrument, if any, creating the trust, a sole trustee is authorized to execute the trustand powers thereof, may, if and as he or they think fit, accept any composition, or anysecurity, real or personal, for any debt, or for any property, real or personal, claimed,and may allow any time for payment of any debt, and may compromise, compound,abandon, submit to arbitration, or otherwise settle any debt, account, claim, or thingwhatever relating to the testator's estate or to the trust, and for any of those purposesmay enter into, give, execute, and do such agreements, instruments of compositionor arrangement, releases, and other things as to him or them seem expedient, withoutbeing responsible for any loss occasioned by any act or thing so done by him or themin good faith.

(3) As regards trustees, this section applies only if and as far as a contrary intention is notexpressed in the instrument, if any, creating the trust, and shall have effect subject tothe terms of that instrument and to the provisions therein contained.

(4) This section applies to executorships and trusts constituted or created either before orafter the commencement of this Act.

26 Conveyancing and Law of Property Act 1881 (c. 41)Part VIII – Married Women


38 Powers to two or more executors or trustees

(1) Where a power or trust is given to or vested in two or more executors or trustees jointly,then, unless the contrary is expressed in the instrument, if any, creating the power ortrust, the same may be exercised or performed by the survivor or survivors of themfor the time being.

(2) This section applies only to executorships and trusts constituted after or created byinstruments coming into operation after the commencement of this Act.

PART VIII

MARRIED WOMEN

39 Power for court to bind interest of married woman

(1) Notwithstanding that a married woman is restrained from anticipation, the Court may,if it thinks fit, where it appears to the Court to be for her benefit, by judgment or order,with her consent, bind her interest in any property.

(2) This section applies only to judgments or orders made after the commencement ofthis Act.

40 Power of attorney of married woman

(1) A married woman, whether an infant or not, shall by virtue of this Act have power, asif she were unmarried and of full age, by deed, to appoint an attorney on her behalffor the purpose of executing any deed or doing any other act which she might herselfexecute or do; and the provisions of this Act relating to instruments creating powersof attorney shall apply thereto.


PART IX

INFANTS

41 Sales and leases on behalf of infant owner

Where a person in his own right seised of or entitled to land for an estate in fee simple,or for any leasehold interest at a rent, is an infant, the land shall be deemed to be asettled estate within the Settled Estates Act, 1877.

42 Management of land and receipt and application of income during minority

(1) If and as long as any person who would but for this section be beneficially entitledto the possession of any land is an infant, and being a woman is also unmarried, thetrustees appointed for this purpose by the settlement, if any, or if there are none soappointed, then the persons, if any, who are for the time being under the settlementtrustees with power of sale of the settled land, or of part thereof, or with power ofconsent to or approval of the exercise of such a power of sale, or if there are none, then

Conveyancing and Law of Property Act 1881 (c. 41)Part IX – InfantsDocument Generated: 2018-03-24

27


any persons appointed as trustees for this purpose by the Court, on the application ofa guardian or next friend of the infant, may enter into and continue in possession ofthe land ; and in every such case the subsequent provisions of this section shall apply.

(2) The trustees shall manage or superintend the management of the land, with full powerto fell timber or cut underwood from time to time in the usual course for sale, orfor repairs or otherwise, and to erect, pull down, rebuild, and repair houses, andother buildings and erections, and to continue the working of mines, minerals, andquarries which have usually been worked, and to drain or otherwise improve the landor any part thereof, and to insure against loss by fire, and to make allowances toand arrangements with tenants and others, and to determine tenancies, and to acceptsurrenders of leases and tenancies, and generally to deal with the land in a proper anddue course of management; but so that, where the infant is impeachable for waste,the trustees shall not commit waste, and shall cut timber on the same terms only, andsubject to the same restrictions, on and subject to which the infant could, if of fullage, cut the same.

(3) The trustees may from time to time, out of the income of the land, including theproduce of the sale of timber and underwood, pay the expenses incurred in themanagement, or in the exercise of any power conferred by this section, or otherwisein relation to the land, and all outgoings not payable by any tenant or other person,and shall keep down any annual sum, and the interest of any principal sum, chargedon the land.

(4) The trustees may apply at discretion any income which, in the exercise of suchdiscretion, they deem proper, according to the infant's age, for his or her maintenance,education, or benefit, or pay thereout any money to the infant's parent or guardian, tobe applied for the same purposes.

(5) The trustees shall lay out the residue of the income of the land in investment onsecurities on which they are by the settlement, if any, or by law, authorised to investtrust money, with power to vary investments ; and shall accumulate the income ofthe investments so made in the way of compound interest, by from time to timesimilarly investing such income and the resulting income of investments; and shallstand possessed of the accumulated fund arising from income of the land and frominvestments of income on the trusts following (namely):

(i) If the infant attains the age of twenty-one years, then in trust for the infant;(ii) If the infant is a woman and marries while an infant, then in trust

for her separate use, independently of her husband, and so that herreceipt after she marries, and though still an infant, shall be a gooddischarge; but

(iii) If the infant dies while an infant, and being a woman without havingbeen married, then where the infant was, under a settlement, tenantfor life, or by purchase tenant in tail or tail male or tail female, onthe trusts, if any, declared of the accumulated fund by that settlement;but where no such trusts are declared, or the infant has taken the landfrom which the accumulated fund is derived by descent, and not bypurchase, or the infant is tenant for an estate in fee simple, absoluteor determinable, then in trust for the infant's personal representatives,as part of the infant's personal estate ;

but the accumulations, or any part thereof, may at any time be applied as ifthe same were income arising in the then current year.

28 Conveyancing and Law of Property Act 1881 (c. 41)Part X – Rentcharges and other Annual Sums


(6) Where the infant's estate or interest is in an undivided share of land, the powers of thissection relative to the land may be exercised jointly with persons entitled to possessionof, or having power to act in relation to, the other undivided share or shares.

(7) This section applies only if and as far as a contrary intention is not expressed in theinstrument under which the interest of the infant arises, and shall have effect subjectto the terms of that instrument and to the provisions therein contained.

(8) This section applies only where that instrument conies into operation after thecommencement of this Act.

43 Application by trustees of income of property of infant for maintenance, &c

(1) Where any property is held by trustees in trust for an infant, either for life, or forany greater interest, and whether absolutely, or contingently on his attaining the ageof twenty-one years, or on the occurrence of any event before his attaining that age,the trustees may, at their sole discretion, pay to the infant's parent or guardian, ifany, or otherwise apply for or towards the infant's maintenance, education, or benefit,the income of that property, or any part thereof, whether there is any other fundapplicable to the same purpose, or any person bound by law to provide for the infant'smaintenance or education, or not.

(2) The trustees shall accumulate all the residue of that income in the way of compoundinterest, by investing the same and the resulting income thereof from time to time onsecurities on which they are by the settlement, if any, or by law, authorized to investtrust money, and shall hold those accumulations for the benefit of the person whoultimately becomes entitled to the property from which the same arises ; but so thatthe trustees may at any time, if they think fit, apply those accumulations, or any partthereof, as if the same were income arising in the then current year.

(3) This section applies only if and as far as a contrary intention is not expressed in theinstrument under which the interest of the infant arises, and shall have effect subjectto the terms of that instrument and to the provisions therein contained.

(4) This section applies whether that instrument comes into operation before or after thecommencement of this Act.

PART X

RENTCHARGES AND OTHER ANNUAL SUMS

44 Remedies for recovery of annual sums charged on land

(1) Where a person is entitled to receive out of any land, or out of the income of any land,any annual sum, payable half-yearly or otherwise, whether charged on the land or onthe income of the land, and whether by way of rentcharge or otherwise, not beingrent incident to a reversion, then, subject and without prejudice to all estates, interests,and rights having priority to the annual sum, the person entitled to receive the sameshall have such remedies for recovering and compelling payment of the same as aredescribed in this section, as far as those remedies might have been conferred by theinstrument under which the annual sum arises, but not further.

Conveyancing and Law of Property Act 1881 (c. 41)Part X – Rentcharges and other Annual SumsDocument Generated: 2018-03-24

29


(2) If at any time the annual sum or any part thereof is unpaid for twenty-one days nextafter the time appointed for any payment in respect thereof, the person entitled toreceive the annual sum may enter into and distrain on the land charged or any partthereof, and dispose according to law of any distress found, to the intent that thereby orotherwise the annual sum and all arrears thereof, and all costs and expenses occasionedby nonpayment thereof, may be fully paid.

(3) If at any time the annual sum or any part thereof is unpaid for forty days next afterthe time appointed for any payment in respect thereof, then, although no legal demandhas been made for payment thereof, the person entitled to receive the annual sum mayenter into possession of and hold the land charged or any part thereof, and take theincome thereof, until thereby or otherwise the annual sum and all arrears thereof due atthe time of his entry, or afterwards becoming due during his continuance in possession,and all costs and expenses occasioned by nonpayment of the annual sum, are fullypaid ; and such possession when taken shall be without impeachment of waste.

(4) In the like case the person entitled to the annual charge, whether taking possessionor not, may also by deed demise the land charged, or any part thereof, to a trusteefor a term of years, with or without impeachment of waste, on trust, by mortgage,or sale, or demise, for all or any part of the term, of the land charged, or of any partthereof, or by receipt of the income thereof, or by all or any of those means, or by anyother reasonable means, to raise and pay the annual sum and all arrears thereof due orto become due, and all costs and expenses occasioned by nonpayment of the annualsum, or incurred in compelling or obtaining payment thereof, or otherwise relatingthereto, including the costs, of the preparation and execution of the deed of demise,and the costs of the execution of the trusts of that deed; and the surplus, if any, of themoney raised, or of the income received, under the trusts of that deed shall be paidto the person for the time being entitled to the land therein comprised in reversionimmediately expectant on the term thereby created.

(5) This section applies only if and as far as a contrary intention is not expressed in theinstrument under which the annual sum arises, and shall have effect subject to theterms of that instrument and to the provisions therein contained.

(6) This section applies only where that instrument comes into operation after thecommencement of this Act.

45 Redemption of quitrents and other perpetual charges

(1) Where there is a quitrent, chief-rent, rentcharge, or other annual sum issuing out ofland (in this section referred to as the rent), the Copyhold Commissioners shall at anytime, on the requisition of the owner of the land, or of any person interested therein,certify the amount of money in consideration whereof the rent may be redeemed.

(2) Where the person entitled to the rent is absolutely entitled thereto in fee simple inpossession, or is empowered to dispose thereof absolutely, or to give an absolutedischarge for the capital value thereof, the owner of the land, or any person interestedtherein, may, after serving one month's notice on the person entitled to the rent, payor tender to that person the amount certified by the Commissioners.

(3) On proof to the Commissioners that payment or tender has been so made, they shallcertify that the rent is redeemed under this Act; and that certificate shall be final andconclusive, and the land shall be thereby absolutely freed and discharged from the rent.

30 Conveyancing and Law of Property Act 1881 (c. 41)Part XI – Powers of Attorney


(4) Every requisition under this section shall be in writing; and every certificate under thissection shall be in writing, sealed with the seal of the Commissioners.

(5) This section does not apply to tithe rentcharge, or to a rent reserved on a sale or lease,or to a rent made payable under a grant or licence for building purposes, or to any sumor payment issuing out of land not being perpetual.

(6) This section applies to rents payable at, or created after, the commencement of this Act.

(7) This section does not extend to Ireland.

PART XI

POWERS OF ATTORNEY

46 Execution under power of attorney

(1) The donee of a power of attorney may, if he thinks fit, execute or do any assurance,instrument, or thing in and with his own name and signature and his own seal, wheresealing is required, by the authority of the donor of the power; and every assurance,instrument, and thing so executed and done shall be as effectual in law, to all intents,as if it had been executed or done by the donee of the power in the name and with thesignature and seal of the donor thereof.

(2) This section applies to powers of attorney created by instruments executed eitherbefore or after the commencement of this Act.

47 Payment by attorney under power without notice of death, &c good

(1) Any person making or doing any payment or act, in good faith, in pursuance of a powerof attorney, shall not be liable in respect of the payment or act by reason that beforethe payment or act the donor of the power had died or become lunatic, of unsoundmind, or bankrupt, or had revoked the power, if the fact of death, lunacy, unsoundnessof mind, bankruptcy, or revocation was not at the time of the payment or act knownto the person making or doing the same.

(2) But this section shall not affect any right against the payee of any person interested inany money so paid ; and that person shall have the like remedy against the payee ashe would have had against the payer if the payment had not been made by him.

(3) This section applies only to payments and acts made and done after the commencementof this Act.

48 Deposit of original instruments creating powers of attorney

(1) An instrument creating a power of attorney, its execution being verified byaffidavit, statutory declaration, or other sufficient evidence, may, with the affidavitor declaration, if any be deposited in the Central Office of the Supreme Court ofJudicature.

(2) A separate file of instruments so deposited shall be kept, and any person may searchthat file, and inspect every instrument so deposited, and an office copy thereof shallbe delivered out to him on request.

Conveyancing and Law of Property Act 1881 (c. 41)Part XII – Construction and Effect of Deeds and other InstrumentsDocument Generated: 2018-03-24

31


(3) A copy of an instrument so deposited may be presented at the office, and may bestamped or marked as an office copy, and when so stamped or marked shall becomeand be an office copy.

(4) An office copy of an instrument so deposited shall without further proof be sufficientevidence of the contents of the instrument and of the deposit thereof in the CentralOffice.

(5) General Rules may be made for purposes of this section, regulating the practice of theCentral Office, and prescribing, with the concurrence of the Commissioners of HerMajesty's Treasury, the fees to be taken therein.

(6) This section applies to instruments creating powers of attorney executed either beforeor after the commencement of this Act.

PART XII

CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS

49 Use of word grant unnecessary

(1) It is hereby declared that the use of the word grant is not necessary in order to conveytenements or hereditaments, corporeal or incorporeal.

(2) This section applies to conveyances made before or after the commencement of thisAct.

50 Conveyance by a person to himself, &c

(1) Freehold land, or a thing in action, may be conveyed by a person to himself jointly withanother person, by the like means by which it might be conveyed by him to anotherperson ; and may, in like manner, be conveyed by a husband to his wife, and by a wifeto her husband, alone or jointly with another person.


51 Words of limitation in fee or in tail

(1) In a deed it shall be sufficient, in the limitation of an estate in fee simple, to use thewords in fee simple, without the word heirs; and in the limitation of an estate in tail,to use the words in tail without the words heirs of the body; and in the limitation of anestate in tail male or in tail female, to use the words in tail male, or in tail female, as thecase requires, without the words heirs male of the body, or heirs female of the body.


52 Powers simply collateral

(1) A person to whom any power, whether coupled with an interest or not, is given mayby deed release, or contract not to exercise, the power.

(2) This section applies to powers created by instruments coming into operation eitherbefore or after the commencement of this Act.

32 Conveyancing and Law of Property Act 1881 (c. 41)Part XII – Construction and Effect of Deeds and other Instruments


53 Construction of supplemental or annexed deed

(1) A deed expressed to be supplemental to a previous deed, or directed to be read as anannex thereto, shall, as far as may be, be read and have effect as if the deed so expressedor directed were made by way of indorsement on the previous deed, or contained afull recital thereof.

(2) This section applies to deeds executed either before or after the commencement ofthis Act.

54 Receipt in deed sufficient

(1) A receipt for consideration money or securities in the body of a deed shall be asufficient discharge for the same to the person paying or delivering the same, withoutany further receipt for the same being indorsed on the deed.


55 Receipt in deed or indorsed, evidence for subsequent purchaser

(1) A receipt for consideration money or other consideration in the body of a deed orindorsed thereon shall, in favour of a subsequent purchaser, not having notice that themoney or other consideration thereby acknowledged to be received was not in factpaid or given, wholly or in part, be sufficient evidence of the payment or giving ofthe whole amount thereof.


56 Receipt in deed or indorsed, authority for payment to solicitor

(1) Where a solicitor produces a deed, having in the body thereof or indorsed thereona receipt for consideration money or other consideration, the deed being executed,or the indorsed receipt being signed, by the person entitled to give a receipt for thatconsideration, the deed shall be sufficient authority to the person liable to pay orgive the same for his paying or giving the same to the solicitor, without the solicitorproducing any separate or other direction or authority in that behalf from the personwho executed or signed the deed or receipt.

(2) This section applies only in cases where consideration is to be paid or given after thecommencement of this Act.

57 Sufficiency of forms in Fourth Schedule

Deeds in the form of and using the expressions in the forms given in the FourthSchedule to this Act, or in the like form or using expressions to the like effect, shall,as regards form and expression in relation to the provisions of this Act, be sufficient.

58 Covenants to bind heirs, &c

(1) A covenant relating to land of inheritance, or devolving on the heir as special occupant,shall be deemed to be made with the covenantee, his heirs and assigns, and shall haveeffect as if heirs and assigns were expressed.

Conveyancing and Law of Property Act 1881 (c. 41)Part XII – Construction and Effect of Deeds and other InstrumentsDocument Generated: 2018-03-24

33


(2) A covenant relating to land not of inheritance, or not devolving on the heir asspecial occupant, shall be deemed to be made with the covenantee, his executors,administrators, and assigns, and shall have effect as if executors, administrators, andassigns were expressed.

(3) This section applies only to covenants made after the commencement of this Act.

59 Covenants to extend to heirs, &c

(1) A covenant, and a contract under seal, and a bond or obligation under seal, though notexpressed to bind the heirs, shall operate in law to bind the heirs and real estate, aswell as the executors and administrators and personal estate, of the person making thesame, as if heirs were expressed.

(2) This section extends to a covenant implied by virtue of this Act.

(3) This section applies only if and as far as a contrary intention is not expressed in thecovenant, contract, bond, or obligation, and shall have effect subject to the terms ofthe covenant, contract, bond, or obligation, and to the provisions therein contained.

(4) This section applies only to a covenant, contract, bond, or obligation made or impliedafter the commencement of this Act.

60 Effect of covenant with two or more jointly

(1) A covenant, and a contract under seal, and a bond or obligation under seal, made withtwo or more jointly, to pay money or to make a conveyance, or to do any other act, tothem or for their benefit, shall be deemed to include, and shall, by virtue of this Act,imply, an obligation to do the act to, or for the benefit of, the survivor or survivors ofthem, and to, or for the benefit of, any other person to whom the right to sue on thecovenant, contract, bond, or obligation devolves.

(2) This section extends to a covenant implied by virtue of this Act.

(3) This section applies only if and as far as a contrary intention is not expressed in thecovenant, contract, bond, or obligation, and shall have effect subject to the covenant,contract, bond, or obligation, and to the provisions therein contained.

(4) This section applies only to a covenant, contract, bond, or obligation made or impliedafter the commencement of this Act.

61 Effect of advance or joint account, &c

(1) Where in a mortgage, or an obligation for payment of money, or a transfer of amortgage or of such an obligation, the sum, or any part of the sum, advanced or owingis expressed to be advanced by or owing to more persons than one out of money, oras money, belonging to them on a joint account, or a mortgage, or such an obligation,or such a transfer is made to more persons than one, jointly, and not in shares, themortgage money, or other money, or money's worth for the time being due to thosepersons on the mortgage or obligation, shall be deemed to be and remain money ormoney's worth belonging to those persons on. a joint account, as between them andthe mortgagor or obligor ; and the receipt in writing of the survivors or last survivorof them, or of the personal representatives of the last survivor, shall be a complete

34 Conveyancing and Law of Property Act 1881 (c. 41)Part XIII – Long Terms


discharge for all money or money's worth for the time being due, notwithstanding anynotice to the payer of a severance of the joint account.

(2) This section applies only if and as far as a contrary intention is not expressed in themortgage, or obligation, or transfer, and shall have effect, subject to the terms of themortgage, or obligation, or transfer, and to the provisions therein contained.

(3) This section applies only to a mortgage, or obligation, or transfer made after thecommencement of this Act.

62 Grants of easements, &c. by way of use

(1) A conveyance of freehold land to the use that any person may have, for an estate orinterest not exceeding in duration the estate conveyed in the land, any easement, right,liberty, or privilege in, or over, or with respect to that land, or any part thereof, shalloperate to vest in possession in that person that easement, right, liberty, or privilege, forthe estate or interest expressed to be limited to him; and he, and the persons derivingtitle under him, shall have, use, and enjoy the same accordingly.


63 Provision for all the estate, &c

(1) Every conveyance shall, by virtue of this Act, be effectual to pass all the estate, right,title, interest, claim, and demand which the conveying parties respectively have in,to, or on the property conveyed, or expressed or intended so to be, or which theyrespectively-have power to convey in, to, or on the same.

(2) This section applies only if and as far as a contrary intention is not expressed in theconveyance, and shall have effect subject to the terms of the conveyance and to theprovisions therein contained.


64 Construction of implied covenants

In the construction of a covenant or proviso, or other provision, implied in a deed byvirtue of this Act, words importing the singular or plural number, or the masculinegender, shall be read as also importing the plural or singular number, or as extendingto females, as the case may require.

PART XIII

LONG TERMS

65 Enlargement of residue of long term into fee simple

(1) Where a residue unexpired of not less than two hundred years of a term, which, asoriginally created, was for not less than three hundred years, is subsisting in land,whether being the whole land originally comprised in the term, or part only thereof,without any trust or right of redemption affecting the term in favour of the freeholder,or other person entitled in reversion expectant on the term, and without any rent, orwith merely a peppercorn rent or other rent having no money value, incident to the

Conveyancing and Law of Property Act 1881 (c. 41)Part XIII – Long TermsDocument Generated: 2018-03-24

35


reversion, or having had a rent, not being merely a peppercorn rent or other rent havingno money value, originally so incident, which subsequently has been released, or hasbecome barred by lapse of time, or has in any other way ceased to be payable, then theterm may be enlarged into a fee simple in the manner, and subject to the restrictions,in this section provided.

(2) Each of the following persons (namely):(i) Any person beneficially entitled in right of the term, whether subject to any

incumbrance or not, to possession of any land comprised in the term; but, incase of a married woman, with the concurrence of her husband, unless she isentitled for her separate use, whether with restraint on anticipation or not, andthen without his concurrence ;

(ii) Any person being in receipt of income as trustee, in right of the term,or having the term vested in him in trust for sale, whether subject toany incumbrance or not;

(iii) Any person in whom, as personal representative of any deceasedperson, the term is vested, whether subject to any incumbrance or not;

shall, as far as regards the land to which he is entitled, or in which he isinterested, in right of the term, in any such character as aforesaid, have powerby deed to declare to the effect that, from and after the execution of the deed,the term shall be enlarged into a fee simple.

(3) Thereupon, by virtue of the deed and of this Act, the term shall become and be enlargedaccordingly, and the person in whom the term was previously vested shall acquire andhave in the land a fee simple instead of the term.

(4) The estate in fee simple so acquired by enlargement shall be subject to all thesame trusts, powers, executory limitations over rights, and equities, and to all thesame covenants and provisions relating to user and enjoyment, and to all the sameobligations of every kind, as the term would have been subject to if it had not beenso enlarged.

(5) But where any land so held for the residue of a term has been settled in trust byreference to other land, being freehold land, so as to go along with that other land asfar as the law permits, and, at the time of enlargement, the ultimate beneficial interestin the term, whether subject to any subsisting particular estate or not, has not becomeabsolutely and indefeasibly vested in any person, then the estate in fee simple acquiredas aforesaid shall, without prejudice to any conveyance for value previously made bya person having a contingent or defeasible interest in the term, be liable to be, andshall be, conveyed and settled in like manner as the other land, being freehold land,aforesaid, and until so conveyed and settled shall devolve beneficially as if it had beenso conveyed and settled.

(6) The estate in fee simple so aequired shall, whether the term was originally createdwithout impeachment of waste or not, include the fee simple in all mines and mineralswhich at the time of enlargement have not been severed in right, or in fact, or have notbeen severed or reserved by an inclosure Act or award.

(7) This section applies to every such term as aforesaid subsisting at or after thecommencement of this Act.

36 Conveyancing and Law of Property Act 1881 (c. 41)Part XIV – Adoption of Act


PART XIV

ADOPTION OF ACT

66 Protection of solicitor and trustees adopting Act

(1) It is hereby declared that the powers given by this Act to any person, and the covenants,provisions, stipulations, and words which under this Act are' to be deemed included orimplied in any instrument, or are by this Act made applicable to any contract for sale orother transaction, are and shall be deemed in law proper powers, covenants, provisions,stipulations, and words, to be given by or to be contained in any such instrument, orto be adopted in connexion with, or applied to, any such contract or transaction ; and asolicitor shall not be deemed guilty of neglect or breach of duty, or become in any wayliable, by reason of his omitting, in good faith, in any such instrument, or in connexionwith any such contract or transaction, to negative the giving, inclusion, implication,or application of any of those powers, covenants, provisions, stipulations, or words,or to insert or apply any others in place thereof, in any case where the provisions ofthis Act would allow of his doing so.

(2) But nothing in this Act shall be taken to imply that the insertion in any such instrument,or the adoption in connexion with, or the application to, any contract or transaction, ofany further or other powers, covenants, provisions, stipulations, or words is improper.

(3) Where the solicitor is acting for trustees, executors, or other persons in a fiduciaryposition, those persons shall also be protected in like manner.

(4) Where such persons are acting without a solicitor, they shall also be protected in likemanner.

PART XV

MISCELLANEOUS

67 Regulations respecting notice

(1) Any notice required or authorized by this Act to be served shall be in writing.

(2) Any notice required or authorized by this Act to be served on a lessee or mortgagorshall be sufficient, although only addressed to the lessee or mortgagor by thatdesignation, without his name, or generally to the persons interested, without anyname, and notwithstanding that any person to be affected by the notice is absent underdisability, unborn, or ascertained.

(3) Any notice required or authorized by this Act to be served shall be sufficiently servedif it is left at the last-known place of abode or business in the United Kingdom ofthe lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of anotice required or authorized to be served on a lessee or mortgagor, is affixed or leftfor him on the land or any house or building comprised in the lease or mortgage, or, incase of a mining lease, is left for the lessee at the office or counting-house of the mine.

(4) Any notice required or authorized by this Act to be served shall also be sufficientlyserved, if it is sent by post in a registered letter addressed to the lessee, lessor,mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of

Conveyancing and Law of Property Act 1881 (c. 41)Part XVI – Court; Procedure; OrdersDocument Generated: 2018-03-24

37


abode or business, office, or counting-house, and if that letter is not returned throughthe post-office undelivered ; and that service shall be deemed to be made at the timeat which the registered letter would in the ordinary course be delivered.

(5) This section does not apply to notices served in proceedings in the court.

68 Short title of 5 & 6 Will.4 c.62

The Act described in Part II. of the First Schedule to this Act shall, by virtue of thisAct, have the short title of the Statutory Declarations Act, 1835, and may be cited bythat short title in any declaration made for any purpose under or by virtue of that Act,or in any other document, or in any Act of Parliament.

PART XVI

COURT; PROCEDURE; ORDERS

69 Regulations respecting payments into court and applications

(1) All matters within the jurisdiction of the Court under this Act shall, subject to the Actsregulating the Court, be assigned to the Chancery Division of the Court.

(2) Payment of money into Court shall effectually exonerate therefrom the person makingthe payment.

(3) Every application to the Court shall, except where it is otherwise expressed, be bysummons at Chambers.

(4) On an application by a purchaser notice shall be served in the first instance on thevendor.

(5) On an application by a vendor notice shall be served in the first instance on thepurchaser.

(6) On any application notice shall be served on such persons, if any, as the Court thinksfit.

(7) The Court shall have full power and discretion to make such order as it thinks fitrespecting the costs, charges, or expenses of all or any of the parties to any application.

(8) General Rules for purposes of this Act shall be deemed Rules of Court within sectionseventeen of the Appellate Jurisdiction Act, 1876, and may be made accordingly.

(9) The powers of the Court may, as regards land in the County Palatine of Lancaster,be exercised also by the Court of Chancery of the County Palatine; and Rules forregulating proceedings in that Court shall be from time to time made by the Chancellorof the Duchy of Lancaster, with the advice and consent of a Judge of the High Courtacting in the Chancery Division, and of the Vice-Chancellor of the County Palatine.

(10) General Rules, and Rules of the Court of Chancery of the County Palatine, under thisAct may be made at any time after the passing of this Act, to take effect on or afterthe commencement of this Act.

38 Conveyancing and Law of Property Act 1881 (c. 41)Part XVII – Repeals


70 Orders of Court conclusive

(1) An order of the Court under any statutory or other jurisdiction shall not as againsta purchaser, be invalidated on the ground of want of jurisdiction, or of want of anyconcurrence, consent, notice, or service, whether the purchaser has notice of any suchwant or not.

(2) This section shall have effect with respect to any lease, sale, or other act under theauthority of the Court, and purporting to be in pursuance of the Settled Estates Act,1877, notwithstanding the exception in section forty of that Act, or to be in pursuanceof any former Act repealed by that Act, notwithstanding any exception in such formerAct.

(3) This section applies to all orders made before or after the commencement of this Act,except any order which has before the commencement of this Act been set aside ordetermined to be invalid on any ground, and except any order as regards which anaction or proceeding is at the commencement of this Act pending for having it setaside or determined to be invalid.

PART XVII

REPEALS

71 Repeal of enactments in Part III of Second Schedule; restriction on all appeals

(1) The enactments described in Part III of the Second Schedule to this Act are herebyrepealed.

(2) The repeal by this Act of any enactment shall not affect the validity or invalidity, or anyoperation, effect, or consequence, of any instrument executed or made, or of anythingdone or suffered, before the commencement of this Act, or any action, proceeding,or thing then pending or uncompleted; and every such action, proceeding, and thingmay be carried on and completed as if there had been no such repeal in this Act; butthis provision shall not be construed as qualifying the provision of this Act relating tosection forty of the Settled Estates Act, 1877, or any former Act repealed by that Act.

PART XVIII

IRELAND

72 Modifications respecting Ireland

(1) In the application of this Act to Ireland, the foregoing provisions shall be modified asin this section provided.

(2) The Court shall be Her Majesty's High Court of Justice in Ireland.

(3) All matters within the jurisdiction of that Court shall, subject to the Acts regulatingthat Court, be assigned to the Chancery Division of that Court; but General Rulesunder this Act may direct that any of those matters be assigned to the Land Judgesof that Division.

Conveyancing and Law of Property Act 1881 (c. 41)Part XVIII – IrelandDocument Generated: 2018-03-24

39


(4) The proper office of the Supreme Court of Judicature in Ireland shall be substitutedfor the central office of the Supreme Court of Judicature.

(5) General Rules for purposes of this Act for Ireland shall be deemed Rules of Courtwithin the Supreme Court of Judicature Act (Ireland), 1877, and may be madeaccordingly, at any time after the passing of this Act, to take effect on or after thecommencement of this Act.

73 Death of bare trustee intestate, &c

(1) Section five of the Vendor and Purchaser Act, 1874, is hereby repealed from and afterthe commencement of this Act, as regards cases of death thereafter happening; andsection seven of the Vendor and Purchaser Act, 1874, is hereby repealed as from thedate at which it came into operation.

(2) This section extends to Ireland only.

40 Conveyancing and Law of Property Act 1881 (c. 41)FIRST SCHEDULE – Acts affectedDocument Generated: 2018-03-24


FIRST SCHEDULE

ACTS AFFECTED

PART I

1 & 2 VICT. C. 110.—AN ACT FOR ABOLISHING ARREST ON MESNE PROCESSIN CIVIL ACTIONS, EXCEPT IN CERTAIN CASES; FOR EXTENDING THE

REMEDIES OF CREDITORS AGAINST THE PROPERTY OF DEBTORS ; AND FORAMENDING THE LAWS FOR THE RELIEF OF INSOLVENT DEBTORS IN ENGLAND

2 & 3 Vict. c. 11.—An Act for the better protection of purchasers against judgments, Crowndebts, lis pendens, and fiats in bankruptcy. 18 & 19 Vict. c. 15.—An Act for the better protectionof purchasers against judgments, Crown debts, cases of lis pendens, and life annuities orrentcharges. 22 & 23 Vict. c. 35.—An Act to further amend the law of property and to relievetrustees. 23 & 24 Vict. c. 38.—An Act to further amend the law of property. 23 & 24 Vict. c. 115.—An Act to simplify and amend the practice as to the entry of satisfaction on Crown debts andon judgments. 27 & 28 Vict. c. 112.—An Act to amend the law relating to future judgments,statutes, and recognizances. 28 & 29 Vict. c. 104.—The Crown Suits, &c. Act, 1865. 31 & 32Vict. c. 54.—The Judgments Extension Act, 1868.

PART II

5 & 6 Will. 4. c. 62.—An Act to repeal an Act of the present session of Parliament, intituled" An Act for the more effectual abolition of oaths and affirmations taken and made in variousDepartments of the State, and to substitute declarations in lieu thereof; and for the more entiresuppression of voluntary and extra-judicial oaths and affidavits; " . and to make other provisionsfor the abolition of unnecessary oaths

SECOND SCHEDULE

REPEALS

A description or citation of a portion of an Act is inclusive of the words, section, or other part,first or last mentioned, or otherwise referred to as forming the beginning, or as forming the end,of the portion comprised in the description or citation. Part I

22 & 23 Vict. c. 35.in part. An Act to further amend thelaw of property and to relievetrustees Sections four to nine.

in part ; namely,—

23 & 24 Vict. c. 126. in part. The Common Law ProcedureAct, 1860

in part; namely,—

Section two.

Part II

Conveyancing and Law of Property Act 1881 (c. 41)THIRD SCHEDULE – Statutory MortgageDocument Generated: 2018-03-24

41


15 & 16 Vict. c. 86. in part. An Act to amend the practiceand" course of proceeding inthe High Court of Chancery


Section forty-eight.

Part III

8 & 9 Vict. c. 119. An Act to facilitate theconveyance of real property.

23 & 24 Vict. c 145. in part. An Act to give to trustees,mortgagees, and otherscertain powers nowcommonly inserted insettlements, mortgages, andwills


Parts II. and III. (sectionseleven to thirty).

THIRD SCHEDULE

STATUTORY MORTGAGE

PART I

Deed of Statutory Mortgage

This Indenture made by way of statutory mortgage the ___________day of _________1882between A. of [&c.] of the one part and M. of [&c.] of the other part witnesseth thatin consideration of the sum of £ ____________now paid to A. by M. of which sumA. hereby acknowledges the receipt A. as mortgagor and as beneficial owner herebyconveys to M. All that [&c.] To hold to and to the use of M. in fee simple for securingpayment on the ______________day of _________________1883 of the principal sum of £_______________as the mortgage money with interest thereon at the rate of [four] per centumper annum . _____________In witness &c.Variations in this and subsequent forms to be made, if required, for leasehold land, or othermatter.

PART II

(A.)

Deed of Statutory Transfer, Mortgagor not joining

This Indenture made by way of statutory transfer of mortgage the day of ____________1883between M. of [&c.] of the one part and T. of [&c.] of the other part supplemental to an indenturemade by way of statutory mortgage dated the ______________day of _____________1882 and

42 Conveyancing and Law of Property Act 1881 (c. 41)THIRD SCHEDULE – Statutory Mortgage


made between [&c.] Witnesseth that in consideration of the sum of £ __________________nowpaid to M. by T. being the aggregate amount of £ ____________mortgage money and £_______________interest due in respect of the said mortgage of which. sum M. herebyacknowledges the receipt M. as mortgagee hereby conveys and transfers to T. the benefit of thesaid mortgage. In witness &c.

(B.)

Deed of Statutory Transfer, a Covenantor joining

This Indenture made by way of statutory transfer of mortgage the _______day of____________1883 between A. of [&c.] of the first part B. of [&c.] of the second part andG. of [&c.] of the third part supplemental to an indenture made by way of statutory mortgagedated the _____________day of____________ 1882 and made between [&c.] Witnesseth thatin consideration of the sum of £ _______________now paid to A by C. being the mortgagemoney due in respect of the said mortgage no interest being now due and payable thereon ofwhich, sum A. hereby acknowledges the receipt A as mortgagee with the concurrence of B. whojoins herein as covenantor hereby conveys and transfers to C. the benefit of the said mortgage.In witness &c.

(C.)

Statutory Transfer and Statutory Mortgage combined

This Indenture made by way of statutory transfer of mortgage and statutory mortgage the___________day of ______________1883 between A. of [&c.] of the 1st part B. of [&c.] ofthe 2nd part and G. of [&c.] of the 3rd part supplemental to an indenture made by way ofstatutory mortgage dated the __________________day of _______________1882 and madebetween [&c.] Whereas the principal sum of £ ______________only remains due in respect ofthe said mortgage as the mortgage money and no interest is now due and payable thereon Andwhereas B. is seised in fee simple of the land comprised in the said mortgage subject to thatmortgage Now this Indenture witnesseth that in consideration of the sum of £ ___________nowpaid to A. by G. of which sum A. hereby acknowledges the receipt and B. hereby acknowledgesthe payment and receipt as aforesaid(1)A. as mortagee hereby conveys and transfers to G. thebenefit of the said mortgage And this Indenture also witnesseth that for the same considerationA. as mortgagee and according to his estate and by direction of B. hereby conveys and B. asbeneficial owner hereby conveys and confirms to G. All that [&c.] To hold to and to the use ofG. in fee simple for securing payment on the ___________day of_________ 1882 of(1)the sumof £ __________as the mortgage money with interest thereon at the rate of [four] per centumper annum. In witness &c. [Or, in case of further advance, after aforesaid at(1)insert and alsoin consideration of the further sum of £ _____________now paid by G. to B. of which sumB. hereby acknowledges the receipt, and after of at(1)insert the sums of £ _________and £___________making together]

(1) Variations to be made, as required, in ease of the deed being made by indorsement, or in respect of any other thing.(1) Variations to be made, as required, in ease of the deed being made by indorsement, or in respect of any other thing.(1) Variations to be made, as required, in ease of the deed being made by indorsement, or in respect of any other thing.(1) Variations to be made, as required, in ease of the deed being made by indorsement, or in respect of any other thing.

Conveyancing and Law of Property Act 1881 (c. 41)FOURTH SCHEDULE – Short Forms of DeedsDocument Generated: 2018-03-24

43


PART III

Deed of Statutory Re-conveyance of Mortgage

This Indenture made by way of statutory re-conveyance of mortgage the _______day of___________1884 between G. of [&c.] of the one part and B. of [&c.] of the otherpart supplemental to an indenture made by way of statutory transfer of mortgage datedthe ___________day of ______________1883 and made between [&c.] Witnesseth that inconsideration of all principal money and interest due under that indenture having been paidof which principal and interest G. hereby acknowledges the receipt C. as mortgagee herebyconveys to B. all the lands and hereditaments now vested in C. under the said indenture To holdto and to the use of B. in fee simple discharged from all principal money and interest securedby and from all claims and demands under the said indenture. In witness &c.Variations as noted above.

FOURTH SCHEDULE

SHORT FORMS OF DEEDS

I.—Mortgage

This Indenture of Mortgage made the __________day of____________ 1882 between A. of[&c.] of the one part and B. of [&c.] and C. of [&c.] of the other part Witnesseth that inconsideration of the sum of £ ________________paid to A. by B. and G. out of money belongingto them on a joint account of which sum A. hereby acknowledges the receipt A. hereby covenantswith B. and G. to pay to them on the ___________day of ____________1882 the sum of £_______________with interest thereon in the meantime at the rate of [four] per centum perannum and also as long after that day as any principal money remains due under this mortgageto pay to B. and G. interest thereon at the same rate by equal half-yearly payments on theday of ____________and the ____________day of ______________And this Indenture alsowitnesseth that for the same consideration A. as beneficial owner hereby conveys to B. andG. All that [&c.] To hold to and to the use of B. and C. in fee simple subject to the provisofor redemption following (namely) that if A. or any person claiming under him shall on the__________day of ____________1882 pay to B. and G. the sum of £ _____________andinterest thereon at the rate aforesaid then B. and C. or the persons claiming under them will atthe request and cost of A. or the persons claiming under him re-convey the premises to A. or thepersons claiming under him And A. hereby covenants with B. as follows [here add covenant asto fire insurance or other special covenant required]. In witness, &c.

II.—Further Charge

This Indenture made the _____________day of ____________18 between [the same partiesas the foregoing mortgage] and supplemental to an indenture of mortgage dated the_____________day of ______________18 ________and made between the same parties forsecuring the sum of £ _______________and interest at [four] per centum per annum on propertyat [&c.] Witnesseth that in consideration of the further sum of _______________paid to A. byB. and C. out of money belonging to them on a joint account [add receipt and Covenant as inthe foregoing mortgage] and further that all the property comprised in the before-mentionedindenture of mortgage shall stand charged with the payment to B. and C. of the sum of £

44 Conveyancing and Law of Property Act 1881 (c. 41)FOURTH SCHEDULE – Short Forms of Deeds


____________and the interest thereon herein-before covenanted to be paid as well as the sumof £____________ and interest secured by the same indenture. In witness, &c.

III.—Conveyance on Sale

This Indenture made the _________day of ___________1883 between A. of [&c.] of the 1st partB. of [&c.] and G. of [&c.] of the 2nd part and M. of [&c.] of the 3rd part Whereas by an indenturedated [&c.] and made between [&c.] the lands herein-after mentioned were conveyed by A.to B. and G. in fee simple by way of mortgage for securing £ ____________and interest andby a supplemental indenture dated [&c.] and made between the same parties those lands werecharged by A. with the payment to B. and G. of the further sum of £ __________and interestthereon And whereas a principal sum of £ ___________remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and G. hereby acknowledgeNow this Indenture witnesseth that in consideration of the sum of £__________ paid by thedirection of A. to B. and G. and of the sum of £___________ paid to A. those two sums makingtogether, the total sum of £ _________paid by M. for the purchase of the fee simple of the landsherein-after mentioned of which sum of £ ________B. and G. hereby acknowledge the receiptand of which total sum of £ __________A. hereby acknowledges the payment and receipt inmanner before mentioned B. and G. as mortgagees and by the direction of A. as beneficial ownerhereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] Tohold to and to the use of M. in fee simple discharged from all money secured by and from allclaims under the before-mentioned indentures [Add, if required, And A. hereby acknowledgesthe right of M. to production of the documents of title mentioned in the Schedule hereto andto delivery of copies thereof and hereby undertakes for the safe custody thereof]. In witness,&c. [The Schedule above referred to. To contain list of documents retained by A]

IV.—Marriage Settlement

This Indenture made the ___________day of _____________1882 between John M. of [&c.]of the 1st part Jane S. of [&c.] of the 2nd part and X. of [&c.] and Y. of [&c.] of the 3rd partwitnesseth that in consideration of the intended marriage between John M. and Jane S. JohnM. as settlor hereby conveys to X. and Y. All that [&c.] To hold to X. and Y. in fee simple tothe use of John M. in fee simple until the marriage and after the marriage to the use of JohnM.during his life without impeachment of waste with remainder after his death to the use that JaneS. if she survives him may receive during the rest of her life a yearly jointure rentcharge of £______________to commence from his death and to be paid by equal half-yearly payments thefirst thereof to be made at the end of six calendar months from his death if she is then living or ifnot a proportional - part to be paid at her death and subject to the before-mentioned rentcharge tothe use of X. and Y. for a term of five hundred years without impeachment of waste on the trustsherein-after declared and subject thereto to the use of the first and other sons of JohnM. andJane S. successively according to seniority in tail male with remainder [insert here, if thoughtdesirable, to the use of the same first and other sons successively according to seniority in tailwith remainder] to the rise of all the daughters of John M. and Jane S. in equal shares as tenantsin common in tail with cross remainders between them in tail with remainder to the use of JohnM. in fee simple [Insert trusts of term of 500 years for raising portions; also, if required, power tocharge jointure and portions on a future marriage; also powers of sale, exchange, and partition,and other powers and provisions, if and as desired] In witness, &c.

Conveyancing and Law of Property Act 1881 - · PDF file2 Conveyancing and Law of Property Act...

Documents

Transcript of Conveyancing and Law of Property Act 1881 - · PDF file2 Conveyancing and Law of Property Act...